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Showing 21 to 40 of 559 Records
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2003 (11) TMI 631
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... ... ..... punishments for offences, one Legislature provides a lenient punishment and other a more stringent punishment or burden will necessarily interfere with the exercise of powers of Legislature. 15. When the offences arising upon the Union Law and the State Law respectively are substantially identical, but additional penalties are imposed for the contravention by the provision of the State Law it would be inconsistent with the Law of the Union and, therefore, invalid. In the instant case, apart from what is available under Section 192A of the MV Act, there are additional penalties arising under Section 16(6) of the Act. 16. This discussion is enough to dispose of this case and we do not propose to deal with other contentions raised by the learned counsel of the appellants and are left open. 17. These appeals are thus allowed quashing Section 16(6) and the consequential provisions of Sections 16(7), 16(8), 20-A and 20-B of the Act and the order of the High Court stands set aside.
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2003 (11) TMI 630
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... ... ..... lantations Company to the Bangorm firm has been adjusted in 1972 and the debt is no longer subsisting and no amount is due from Darjeeling Tea Company to the Bengorm firm is the admission of R.W. 3. The debt due from Darjeeling Tea Plantations Company has been adjusted as on 4.5.1969 as per the admission of R.W. 3. The debt due from Darjeeling Tea Plantations Company to the Bengorm firm has to be adjusted as on 4.5.1969 is admitted by the respondents 1 to 6 in paragraph 29 of Ex. A109." 74. The claim of the appellant to the effect that the plaintiff's husband was liable to pay 13% interest to the defendants has been rejected by the High Court inter alia on the ground that no such case had been made out in the written statements. Even no counter claim therefore was filed. 75. We, therefore, accept the reasonings of the High Court recorded in relation to the said items. 76. For the reasons aforementioned, I respectfully agree with the opinion of Brother Arun Kumar, J.
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2003 (11) TMI 629
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... ... ..... stions raised in this appeal is similar to the one raised and considered by us in ITA No.143/2002, disposed of on 21st August 2003. 3. For the reasons given by us in the said order, this appeal is also liable to be rejected. Accordingly, it is rejected., However, no order is made as to costs.
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2003 (11) TMI 627
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... ... ..... e, direct that in the event, a proper application is filed either for dissolution of the interim order of injunction passed by the learned Single Judge or if the High Court in its wisdom thinks fit to decide any issue as a preliminary issue such questions may be gone into in greater details. Any observations made by us must be considered to have been made only for the purpose of disposal of these appeals and not for the purpose of determining the merit of the matter. However, having regard to the facts and circumstances of this case, we will request the High Court to consider the desirability of disposing of the matter as expeditiously as possible and preferably within a period of three months from the date of receipt of a copy of this order. 166. For the reasons aforementioned, the judgment under challenge is set aside and the matter is sent back to the High Court. civil Appeal No. 5665 of 2002 is accordingly allowed and civil Appeal No. 5666 of 2002 is dismissed. No costs.
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2003 (11) TMI 626
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... ... ..... staffa (supra), this Court held that when the pleadings do not contain the material facts and necessary particulars, any amount of evidence would be insufficient. 46. Even in the recount it was found that the returned candidate has not secured majority of the votes, the result could not have been disturbed, unless prima facie case of high degree of probability existed for recount of votes. See P.K.K. Shamsudeen v. K.A.M. Mapillai Mohindeen -(1969) 1 SCC 526. 47. For the reasons aforementioned, the impugned judgment cannot be sustained. It is set aside accordingly. The appeal is allowed. However, there shall be no order as to costs. 48. However, keeping in view the fact that the election petition is pending for a long time, the High Court may consider the desirability of disposing of the same as expeditiously as possible and preferably within a period of three months from the date of receipt of a copy of this order. The records of the case, if received, be sent down forthwith.
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2003 (11) TMI 625
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... ... ..... 's group has two nominees on the Board, the 6th petitioner's group one nominee, the 2nd respondent's group two nominees and the 5th respondent group one nominee. This position will not be changed and each group will continue to have the same number of representation on the Board, which should not be disturbed by any act of the Board or the shareholders unless it is established that any of them has acted in a manner prejudicial to the interest of the company and/or shareholders. These directions shall override any provisions in the Articles of the company to the contrary including the provision relating to retirement by rotation. 27. The petition is disposed of in the above terms with out any order as to cost. I hope that with the above directions regarding the share holding and management, the parties would be in a position to resolve their disputes amicably so that the prosperity of the company which is beneficial to every shareholder is not in any way affected.
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2003 (11) TMI 624
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... ... ..... he right of the petitioner beside being discriminatory. Even otherwise under the special legislation, the power to try such offences vests with the Metropolitan Magistrate or the Judicial Magistrate of First Class as envisaged under Section 142(c) of the Act and by applying the provision of Article 227 of the Constitution or for that matter Section 407 of the Code, the powers of the Magistrate, First Class cannot be taken away and conferred on the Court of Sessions by misinterpreting the provision of Section 142(c) of the N.I. Act. The petitions are accordingly allowed. The impugned order is set aside. The cases transferred to the Additional Sessions Judges would be sent back to the Metropolitan Magistrate for being tried in accordance with law from the stage those would be received from the Court of Sessions. It may, however, be clarified that the cases already decided and the judgments delivered by the Additional Sessions Judges will not be treated as without jurisdiction.
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2003 (11) TMI 623
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... ... ..... as not maintainable as the Superintending Engineer, Gulbarga Circle, Gulbarga, did not act as an Arbitrator. When a writ was issued by the High Court of Karnataka to the Arbitrator, directing him to furnish a certified copy of his Award, the respondent herein must be held to have accepted the same as it did not carry the matter further. 25. They took the said objection only in their purported objection filed in the execution proceedings under Section 47 of the Code of Civil Procedure. If their contention was that Award made by the Superintending Engineer, Gulbarga Circle, Gulbarga, was without any authority or beyond his jurisdiction, they could have furthermore filed an appropriate application in terms of Section 34 of the Arbitration and Conciliation Act, 1996. 26. For the aforesaid reason, the appeal deserves to be allowed. The order under challenge is set aside. We direct the executing Court to proceed with the execution of the Award. There shall be no order as to costs.
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2003 (11) TMI 622
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... ... ..... merely a relation who would have been the heir if any property had been left) or again on the plea that he has duly applied all the assets available or proved to be available." Agreeing with the above referred opinions for the reasons mentioned therein, it is held that the respondent was well within her rights to raise the plea that she has not inherited any property from her son, by way of defence in a suit for recovery of a debt of her deceased-son. The plea that the respondent was not in possession of any property left by the deceased was available to the respondent in the suit itself. The impugned judgment, therefore, suffers with no legal infirmity. The appeal is accordingly dismissed as one without any merits. However, in the peculiar circumstances of the case, it is ordered that as far as the costs of this appeal in this Court is concerned, both the parties shall bear their own costs. The impugned decree passed by the learned Trial Court is accordingly confirmed.
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2003 (11) TMI 621
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... ... ..... the option to the petitioner either to continue on the Board or go out of the Company. Whatever option he chooses will be binding on the Company and the respondents. He must intimate to the Company/the respondents his choice of the options within 15 days from the date of receipt of the order. In case he desires to go out of the Company, the statutory auditor of the Company will compute the fair value of his shares within a period of one month from date of receipt of his intimation exercising this option. The Company/the respondents will pay the consideration as computed by the auditor within a period of one month thereafter. In case the Company purchases the shares, it is authorised to reduce the share capital to the extent of face value of shares. In case he chooses the option to be on the Board, he will be deemed to have been appointed as a director from the date on which he intimates to the Company his choosing this option. The petition is disposed of in the above terms.
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2003 (11) TMI 620
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... ... ..... s. The State Bank of India has granted its in-principle approval by a letter dated 19th April, 2003 for the acceptance of the restructuring package by other members of the consortium. State Bank avers that care has been taken to protect the interest of the petitioners, of the workers and of the banks and financial institutions. On these averments made by State Bank of India and in view of similar averments made by other creditors, the applications for intervention must be allowed. That is in consonance with the legal position. Whether, in fact, an order admitting the winding up petition should or should not be passed does not fall for consideration at this stage. At the present stage the Court has only to consider the question whether the creditors should be heard in the company petition. For the reasons recorded hereinabove. I am of the view that the creditors should be permitted to intervene. 7. The company applications are accordingly made absolute in terms of prayer (a).
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2003 (11) TMI 619
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... ... ..... ose criminal proceedings and conviction only, the appellants are well within their rights to deny back wages to the respondent for the period he was not in service. The appellants cannot be made liable to pay for the period for which they could not avail of the services of the respondent. The High Court, in our view, committed a grave error, in allowing back wages also, without adverting to all such relevant aspects and considerations. Consequently, the order of the High Court in so far as it directed payment of back wages are liable to be and is hereby set aside. 5. The respondent will be entitled to back wages from the date of acquittal and except for the purpose of denying the respondent actual payment of back wages, that period also will be counted as period of service, without any break. The re-instatement, if not already done, in terms of the order of the High Court will be done within thirty days from today. 6. The appeal is allowed and disposed of on the above terms.
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2003 (11) TMI 618
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... ... ..... l the criminal courts are having such an auxiliary power subject to restrictions which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else. 9. For the reasons stated above, the typographical mistakes, which have been pointed out by the complainant petitioner, should have been rectified by the trial court, as trial court has inherent power to rectify such typographical mistakes to do justice between the parties. In the result, this misc. petition under Section 482 Cr.P.C. filed by the petitioner is allowed and the impugned order dated 9.10.2002 passed by the learned Addl. Chief Judicial Magistrate, Nathdwara is quashed and set aside and the amendment application dated 5.1.2002 filed by the complainant petitioner for correction of cheque number and date of information in the complaint is allowed. The record of the trial court be sent back immediately for proceeding further in the matter in accordance with law.
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2003 (11) TMI 617
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... ... ..... been done. The renewal of lease cannot be denied in the garb of so called acquisition notification and declaration which have to be just ignored. Lastly, it was submitted that the respondent is in breach of the terms of the lease and hence not entitled to renewal. Firstly, the High Court has held the plea taken by the appellant State not substantiated. Secondly, exercise for option for renewal cannot be stalled on the ground that the lessor proposes to exercise right of re-entry on account of alleged breach when no steps were taken for exercising the right of re-entry till the option for renewal was exercised by the lessee. If the lessee is in breach and the lease entitles the lessor to re-enter, that right is available to be exercised without regard to the renewal of the lease. For the foregoing reasons the appeal is held devoid of any merit and liable to be dismissed. It is dismissed accordingly. As the respondent has chosen not to appear we make no order as to the costs.
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2003 (11) TMI 616
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... ... ..... ingh(supra), observations relevant for the purpose of these appeals read thus - "Where a party does not ask for leave, he takes the obvious risk that the suit may not be property conducted by the plaintiff on record, yet he will be bound by the result of the litigation even though he is not represented at the hearing unless it is shown that the litigation was not properly conducted by the original party or he colluded with the adversary. The above statement of law by this Court in the cases (supra) clearly shows that the trial court has rightly exercised its discretion in rejecting the three applications for impleadment of the transferee pendente-lite as party to the suits and for amendment of the pleadings. The High Court was also justified in refusing to interfere with the order of the trial court. Consequently, there is absolutely no merit in any of these appeals. They are, accordingly, dismissed with costs to be borne by the petitioner of the contesting respondents.
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2003 (11) TMI 615
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... ... ..... ose who are in power is the hallmark of a good administration and people in public life must perform their duties in a spirit of public service rather than by assuming power to indulge in callous cupidity regardless of self imposed discipline. Irrespective of the fact whether we reach the conclusion that A-1 is guilty of the offences with which she is charged or not, she must atone for the same by answering her conscience in the light of what we have stated not only by returning the property to TANSI unconditionally but also ponder over whether she had done the right thing in breaching the spirit of the Code of Conduct and giving rise to suspicion that rules and procedures were bent to acquire the public property for personal benefit, though trite to say that suspicion however strong cannot take place of legal proof in a criminal case and take steps to expiate herself. In the result, we dismiss these appeals and special leave petition, subject to the observations made above.
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2003 (11) TMI 614
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... ... ..... ason to interfere. The Civil Appeal is dismissed.
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2003 (11) TMI 613
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... ... ..... ber, 2001 being includible as tax from 1-7-2003. He relies upon the Circular No. B-47/5/97-TRU, dated 2-7-1997 of the Board. He says that Paragraph 3.3 of the circular which specifies a service that a consulting engineer or consulting engineering firm provided does not include repair. 3. The departmental representative contends that among the service specified as trouble shooting and that the repair in question could not have been carried out by appellant without first determining the problem, which is nothing other than trouble shooting. 4. On the face of it while this argument has some merit, it is difficult to conceive of repair conducted by the persons on the goods that it sold to be service provided by consulting engineer. Having regard to these facts, we think it appropriate to ask the applicant to deposit ₹ 1 lakh within two months from today, upon which we waive deposit of the remaining service tax and penalty and stay their recovery. 5. Compliance on 7-1-2004.
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2003 (11) TMI 612
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... ... ..... ase inasmuch as by reason of Rule 8 of the said Rules, the State had merely specified the mode and manner of application thereof. The same was necessary having regard to the difficulty which may cause to the employees who might have been receiving higher emoluments than the minimum prescribed under the revised pay scale at a point of time when the revised pay scale came into force. Furthermore, clauses (a) and (b) having regard to the rule of the punctuation must be read separately. Even the decision referred to by the High Court, namely, I.R.C. v. Hinchy, (1960) Appeal Cases 738, shows that in modern statute punctuation has a role to play. In that view of the matter, we are of the view that there being no ambiguity in Rule 8 (1) (a), the writ petitioners were only entitled to the minimum of the revised scale. For the aforesaid reason, the appeals deserve to be allowed. The judgments under challenge are set aside. The appeals are allowed. There shall be no order as to costs.
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2003 (11) TMI 611
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... ... ..... cision in Mangalam Timber Products Ltd. v. The State of Orissa (O.J.C. No. 7341/1993 decided on 16.5.1995). In both the matters it was one and the same decision of the State of Orissa which was impugned. The State Government came in appeal by special leave against the decision in Mangalam Timber Products Ltd. v. The State of Orissa (O.J.C. No. 7341/ 1993 decided on 16.5.1995) which was registered as C.A. No. 10664/1996. By judgment separately pronounced today in the said appeal, the appeal of the State Government has been dismissed and the decision of the High Court has been upheld. Inasmuch as the judgment of the High Court under appeal follows the decision in Mangalam Timber Products Ltd., this appeal is also dismissed. The judgment of the High Court is maintained. The interim order dated 17.2.1997 passed by this Court stands vacated. The State Government shall implement the judgment of the High Court expeditiously and in any case within a period of four months from today.
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