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2004 (1) TMI 730
... ... ... ... ..... ant was taken into custody and had to remain in jail for some time, may be for a few days, but without any justification whatsoever. She suffered in view of the total non-application of mind at the stage of passing of the two impugned orders. Some degree of care is supposed to be taken before passing an order of issue of warrants, bailable or non-bailable. Such orders cannot stand. 7. In view of the position as indicated above, we allow the appeal and quash the orders dated 9.10.2002, for issue of bailable warrants against....... + More
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2004 (1) TMI 729
... ... ... ... ..... mind for the purpose of satisfying herself if prima facie case had been made out for issuance of process against the accused. The accused-opposite party, thus faced his trial on the basis of a validly instituted complaint and the trial, as indicated hereinabove, ended in his conviction and sentence. As the trial of the accused cannot be said to be on the basis of an illegally launched prosecution and as the only ground on which the conviction of the accused opposite party has been set aside is clearly on a misconceived and....... + More
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2004 (1) TMI 728
... ... ... ... ..... ub-article (2) of Article 285, for that is a sphere in which the State legislation operates. The reasoning of the High Court to oust the applicability of Section 135 of the Indian Railways Act on the test of Sub-article (2) of Article 285 was totally misplaced, as also in not venturing to create room for it in Sub-article (1) of Article 285. The interplay of the constitutional and legal provisions being well cut and well defined requires no marked elaboration to stress the point. Accordingly, we allow this appeal, set asid....... + More
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2004 (1) TMI 727
... ... ... ... ..... He admits that no enquiry was made regarding the nature of business of K. Narayhanan or where, the place of business was. Even after it was found out that that a cheque had been forged and stop payment notice had been issued, no enquiry was made by the Bank with the introducer. When asked why no enquiries were made, the answer given was that the bank has no responsibility to look into it. Another factor which mitigates against the 1st Respondent Bank is that it made no attempt to lead the evidence of the person who had int....... + More
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2004 (1) TMI 726
... ... ... ... ..... ears of money and the effect of 22 of the tenants out of total 44 tenants surrendering possession. This is a matter which can be considered in the trial itself so far as it is relevant. It was submitted by learned counsel for the trust that in any event the District Court was the only Court having jurisdiction and not the Court where the suit was filed. This aspect does not appear to have been specifically urged before the Courts below. So we do not think it appropriate to express our opinion thereon. As regards the questi....... + More
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2004 (1) TMI 725
... ...
... ... ..... e no reason to interfere. The Special Leave Petition is dismissed.
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2004 (1) TMI 724
... ... ... ... ..... and applications of each of the petitioners is rejected and each of the petitioner is ordered to pay to the original complainant ₹ 5000/- by way of costs. Rule is discharged in each of the application/petition and interim relief is vacated with a direction to the trial Court to proceed with the original criminal cases as expeditiously as practicable. Criminal Misc. Applications Nos. 7717, 7719 and 9085 of 2003 do not survive in view of the above order. These applications are accordingly rejected. Notice in each appli....... + More
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2004 (1) TMI 723
... ... ... ... ..... ime when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received. 6. A bare perusal of this Section shows that the period of limitation in cases of acknowledgments in writing would start running from the date the acknowledgement is signed and not from any other date subsequent to signing of the acknowledgement. Therefore, the trial Court was not right in corning to the conclusion that the time would start to run after two months of the s....... + More
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2004 (1) TMI 722
... ... ... ... ..... , AIR 2003 SC 4355 and Union of India v. Naveen Jindal and Anr., AIR 2004 SC 1559 ). 20. We, therefore, are of the opinion that although as a broad proposition of law it cannot be accepted that merely by change of religious person ceases to be a member of schedule tribe, but the question as to whether he ceases to be a member thereof or not must be determined by the appropriate court as such a question would depend upon the fact of each case. In such a situation, it has to be established that a person who has embraced anot....... + More
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2004 (1) TMI 721
... ... ... ... ..... the reason that longer period of limitation is applicable in this case. On merit, the original authority has already held that the demand is sustainable. 5. The respondents however have contested that the issue on merit is squarely covered against the revenue. They cited the judgment of CEGAT in the case of Shakti Insulated Wires Ltd. v. CCE, Mumbai-IV reported in 2002 (51) RLT 115 (CEGAT-Mum), in which relying on the judgment of CEGAT in the case of Jindal Polymers v. CCE 2001 (43) RLT 680, it was held that clearances of ....... + More
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2004 (1) TMI 720
... ... ... ... ..... 6. It is a uniform practice that in the event that a particular Bench does not agree with the view of a Coordinate Bench, the matter should be referred to a Division Bench. This has not been done in Krishan Lal's case (supra). I would prefer to follow the view of Hon'ble Mr. Justice Yogeshwar Dayal in Babu Ram v. Devinder Mohan Kaura and Ors., AIR 1981 Delhi 14 and of the other High Courts which is to the effect that the Counsel must disclose the circumstances in which incorrect advice was given and it is not suffi....... + More
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2004 (1) TMI 719
... ... ... ... ..... y way of constitutional provisions, bound by the decision of the local High Court as is every Court of the country including the High Courts, bound by the decisions of the Supreme Court by virtue of provisions of Article 141 of the Constitution. If the subordinate Courts start ignoring the law laid down by their High Courts and start acting contrary thereto, then not only the legal anarchy will set in but the democratic structure of the country, rule of law and concept of liberty of citizens will be the first casualty. 29........ + More
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2004 (1) TMI 718
... ...
... ... ..... . ORDER Delay condoned. The civil appeals are dismissed.
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2004 (1) TMI 717
... ... ... ... ..... 1996 under the interim orders of this Court which were subject to the final orders to be passed in the writ petition. No purpose would be served in withholding the declaration of the result on the basis of the examination already taken by him or depriving him of the degree in case he passes the examination. In terms of the orders passed by the Constitution Bench of this Court in State of Maharashtra v. Milind and Ors., (Supra) we direct that his result be declared and he be allowed to take his degree with the condition he ....... + More
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2004 (1) TMI 716
... ... ... ... ..... rawn in favour of Gokuldas Exports and that there was nothing on the face of the LC showing that it has been transferred to any other party. This contention also cannot help the Opposite Party No. 1, because it is for the consignor to decide from whom he should receive the consideration of the goods exported. Further, even if there is dispute between Gokuldas Exports and the notified party, it would not mean that Opposite Party No. 1 can directly deliver the goods to the notified party without clearance through the bank. E....... + More
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2004 (1) TMI 715
... ... ... ... ..... gion of ₹ 15.37 to ₹ 15.40 per sq. yard. However there is evidence of high potentiality. The increase of 15 given by the High Court cannot therefore be said to be unreasonable. Of course, the 15 increase has to be on ₹ 15.40 which is the figure shown in the sale deed. It cannot be on ₹ 120 as wrongly taken by the High Court. The High Court also erred in considering only three years increase whereas in fact there is four years difference between the respondent's sale deed and the acquisition proc....... + More
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2004 (1) TMI 714
... ... ... ... ..... led up. He admits that no enquiry was made regarding the nature of business of K. Narayhanan or where the place of business was. Even after it was found out that that a cheque had been forged and stop payment notice had been issued, no enquiry was made by the Bank with the introducer. When asked why no enquiries were made, the answer given was that the bank has no responsibility to look into it. Another factor which mitigates against the 1st Respondent Bank is that it made no attempt to lead the evidence of the person who ....... + More
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2004 (1) TMI 713
... ... ... ... ..... Company becomes discharged from its obligations imposed under Section 113(1). The Company did not choose either to produce counterfoil of the share certificates said to have been delivered to the petitioner or furnish at least particulars of the shares such as registered folio, certificate Nos. and distinctive Nos. of the shares etc. The decisions cited by learned Counsel for the Company do not apply to the facts of the present case. In other words the Company has not produced any conclusive proof that it had delivered the....... + More
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2004 (1) TMI 712
... ... ... ... ..... respondent company. Therefore, I am inclined to accept the arguments shareholder meeting was not held at the initial stage because all the directors are only shareholders and they had allotted the shares to the petitioner. 9. In view of the above discussions, the allotment of 7100 shares each to respondent No. 2,3,4 and 5 amounting to 28400 shares issued on 16.1.2003 without giving notice to the petitioner and without holding general meeting of the shareholders of the company, is illegal and void in terms of Article 9 of A....... + More
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2004 (1) TMI 711
... ... ... ... ..... to the plaintiff under the law. The question then arises as to whether such a suit should be allowed to continue and go for trial. The answer in our view is clear, that is, such a suit should be thrown at the threshold. Why should a suit which is bound to be dismissed for want of jurisdiction of a court to grant the reliefs prayed for, to be tried at all? Accordingly, we hold that the trial court was absolutely right in rejecting the plaint and the lower appellate court rightly affirmed the decision of the trial court in t....... + More
