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2003 (2) TMI 561
... ... ... ... ..... ary, their evidence will be essential for the just decision of the case. Under the circumstances, I do not find any illegality or impropriety in the order passed by the learned Sessions Judge. 29. Consequently, I do not find any merit in these Writ Petitioners. Both the Writ Petitioners are, therefore, dismissed. Rule discharged. 30. The learned Counsel for the petitioners, on pronouncement of the Judgment, requests that he may be granted four weeks time of going to the Supreme Court. The learned Counsel for the Respondent....... + More
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2003 (2) TMI 560
... ... ... ... ..... od of one week from today in which event the petitioner is liable to pay 12% interest. In default of making payment within one week, the petitioner will be liable to pay interest at the rate of 18%.
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2003 (2) TMI 559
... ... ... ... ..... nt specifically stated, thus - We make it clear that this order of ours is rendered on the peculiar facts and circumstances of the case as mentioned earlier and will not be treated as a precedent in future. 14. It is unfortunate that the High Court treated the said judgment as a precedent despite this Court's saying that it will not be treated as a precedent in future, while confining the said judgment to the peculiar facts and circumstances of the case. 15. In view of what is stated above and taking note of the facts ....... + More
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2003 (2) TMI 558
... ... ... ... ..... law laid down by the apex Court in GKN Driveshafts (India) Ltd v. ITO (2003) 259 ITR 19 the petitioner is required to file its objections before the AO who will decide the same by passing a speaking order before proceeding further with the assessment. The writ petition against the notice is not maintainable. Consequently the same is dismissed.
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2003 (2) TMI 557
... ... ... ... ..... been duly transferred to the name of the applicant-accused. Thus no case has been made out by the applicant-accused to allow him to examine himself or lead evidence in his defence at the stage of Appeal. It is clearly an attempt to improve on the defence, if not to set up a anew defence altogether. This Court in exercise of the jurisdiction under Section 391 of the Code of Criminal Procedure, 1973, as clearly laid down in various decisions of the Apex Court, is required to exercise its discretion with circumspection and ca....... + More
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2003 (2) TMI 556
... ... ... ... ..... as it may, we are of the opinion that by introduction of Section 433A of the Code, the Parliament has not excluded or denuded the power of the appropriate Government to restrict the grant of remission to a class of prisoners only or exclude a class of prisoners from such benefit of remission. 17. Before we conclude, we must note that the notification in question was valid only for the year 1995 and the respondent herein having been given the benefit of remission by the High Court as far back as on 20.10.2001, we do not thi....... + More
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2003 (2) TMI 555
... ... ... ... ..... t view of the matter the High Court, in our opinion, while setting aside the said order could only issue a direction directing the learned trial Judge to hold an inquiry so as to enable it to arrive at a finding as to whether the respondent herein was incapable of protecting her interest by reason of any mental infirmity or 'not. As no such inquiry was held, there cannot be any doubt whatsoever that the learned Single Judge committed a jurisdictional error in passing the impugned judgment which, the Division Bench as n....... + More
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2003 (2) TMI 554
... ... ... ... ..... thority created such impression. No waiver which would be against requisite compliances can be countenanced. Whether an expectation exists is self-evidently, a question of fact, Clear Statutory words override any expectation, however, founded,' (See Regina v. Director of Public Prosecutions, Ex parte Kebilence and Ors. (1999) 3 WLR 972. 29. The inevitable conclusion is that Division Bench judgment is on terra firma and needs no interference. However, one factor needs to be noted before we part with the case. The appell....... + More
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2003 (2) TMI 553
... ... ... ... ..... am Sundar v. State of Haryana reported in A.I.R. 1984 53 held as follows - It would be a travesty of justice to prosecute all partners and ask them to prove under the proviso to Sub-section (1) that the offence was committed without their knowledge. It is significant to note that the obligation for the accused to prove under the proviso that the offence took place without his knowledge or that he exercised all due diligence to prevent such offence arises only when the prosecution establishes that the requisite condition me....... + More
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2003 (2) TMI 552
... ... ... ... ..... able as far as the landlord is concerned. The legal presumption arising from postal endorsement is different from the understanding of the factual situation to the landlord or understanding of the landlord regarding service of notice, and in that connection if the landlord makes another attempt to serve the notice by affixation of such notice to the suit premises and the same is effected in presence of any witness of factum of affixation at the door otherwise is established, the same can be considered as good service of no....... + More
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2003 (2) TMI 551
... ... ... ... ..... isproportionate and discriminatory. Therefore, if the Court finds that conviction is rightly recorded, then the sentence may be reduced. We find no special reasons for interfering with the quantum of sentence. The learned Judge has considered all the contentions raised before him and has used his judicial discretion. Nothing is shown to indicate improper exercise of judicial discretion by learned trial Judge. The appellants are found to be involved in drug trafficking on a large scale. Some have antecedents of smuggling ac....... + More
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2003 (2) TMI 550
... ... ... ... ..... e are in total agreement, that where an unjustified remand is directed, that the opposite party is virtually at the receiving end, the torture of lengthy litigation and another round of the case coming up to the higher Court as also the burden on the judicial forums is something that is contraindicated. We do concede however, that it is only in a small minority of cases where all the aforesaid ingredients are present that the Appellate Court will interfere with an order of remand. 7. Having regard to the aforesaid position....... + More
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2003 (2) TMI 549
... ... ... ... ..... cers subordinate to it, the same contains Form XV regarding warrant to jailor, in the case of a prisoner at first released on bail pending the f disposal of appeal to the Appellate Court, but subsequently rearrested in Court on the dismissal of the appeal or reduction or alteration of sentence, and forwarded to jail to undergo the remaining portion of the sentence . The contents of the warrant clearly indicate that the warrant is to be issued by the Court confirming the conviction and accused appellant cannot be directed t....... + More
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2003 (2) TMI 548
... ... ... ... ..... ng between the parties and shall not be open to judicial review. (5) However, in the event, MSIL does not want to take recourse to made in Clause (4) above, it may take recourse to such proceedings for recovery of its dues in accordance with law; (6) MSIL shall be entitled to enforce its claims, if any, against the appellants in accordance with law; (7) On the amount found to be due and owing to MSIL by any of the appellants the same shall be paid with interest at the rate of 18% per annum shall be livable from the date of....... + More
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2003 (2) TMI 547
... ... ... ... ..... ted before us that under Section 53 of the Act the Central Government could not invest any officer of the Department of Revenue including the NCB with the powers of an Officer In-charge of the Police Station for investigation of the offences under the Act. It is not necessary for us to go into that question because in the instant case cognizance was taken on the basis of a complaint lodged by an empowered officer and not on the basis of a police report. 31. In the result we find that the judgment and order of the High Cour....... + More
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2003 (2) TMI 546
... ... ... ... ..... se in the customs duty or decrease in other duties, the Corporation would not have a right to insist that though the prevalent market value is lesser than the previous rate, the buyers of the gold should pay the price of the gold at the previous higher rate. This example is given by us only to show that incurring loss or making profit in a trade like this is very much inherent in the trade itself and therefore, simply because the petitioners are required to pay the price of the gold at the higher rate, consequent upon the ....... + More
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2003 (2) TMI 545
... ... ... ... ..... nature that it substantially interferes or tends to substantially interfere with the due course of justice. There may be cases where it may also be inexpedient to take action under the Contempt of Courts Act it would all depend on the circumstances of a given case. In the circumstances of the present case, though it could be said that there is disobedience of the direction of this Court, the fact remains that in the circumstances we have indicated, it is not just or necessary to punish the opposite parties for disobedience....... + More
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2003 (2) TMI 544
... ...
... ... ..... rishna, JJ. ORDER Leave granted
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2003 (2) TMI 543
... ... ... ... ..... Article 20(3) if the complaint has not been filed at the time when the statement was recorded. The statement even though confessional in nature is not hit by Article 20(3) as the person was not an accused at the time when the said statement was recorded. In this regard, we would like to quote the Apex Court in Ramesh Chandra Mehta's Case Till there is no formal accusation a person is not an accused and therefore the bar under Article 20(3) would not be available. 39. In the aforesaid circumstances, for the reasons set ....... + More
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2003 (2) TMI 542
... ...
... ... ..... y condoned. The Special Leave Petition is dismissed.
