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2005 (10) TMI 614
... ... ... ... ..... s submitted that all these persons were in fact claiming that their respective appointments were regular appointments by the regular process of appointment but that instead of giving regular appointments they were appointed on contract with the intention of not paying them regular salary. It was admitted that the Petitions may be badly drafted and such a contention not put forth specifically. The High Court has disposed of these Petitions also on the footing that the principle of equal pay for equal work applied. We theref....... + More
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2005 (10) TMI 613
... ... ... ... ..... extending protection to tenants. 21. We now come to the last contention of Mr. L.N. Rao that the first respondent is not entitled to maintain the writ petition as the proceedings initiated by him before the Collector for cancellation of the No Objection Certificate is pending. The said submission cannot be accepted. While granting NOC, the Collector is not concerned about the ownership of the land. He is concerned about the location of the land and its suitability as a place for storage of petroleum. Rule 144 deals with th....... + More
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2005 (10) TMI 612
... ... ... ... ..... n against it. 16. In the facts and circumstances, the plaintiff is liable for a direction to sue British Airways Plc as a single entity, a single defendant. However, the plaintiff shall be entitled to sue the said defendant giving its different offices and addresses where the alleged cause of action had arisen against it. The defendant No. 2 is also defendant No. 1, Therefore, both should be shown and impleaded as same defendant. To that extent, the application is allowed and the plaintiff is directed to amend its memo of ....... + More
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2005 (10) TMI 611
... ... ... ... ..... igh Court passed a specific order on 28.1.2002 by which D.B. Civil Contempt Petition No. 3 of 2001 was dismissed as withdrawn with liberty to file a fresh contempt petition. Once the contempt petition was dismissed as withdrawn, the earlier order passed in the said petition on 24.7.2001, wherein one month's time was given to comply with the order, ceased to be operative as all interim orders passed in a case ultimately get merged with the final order. The order dated 24.7.2001 cannot have any independent existence and ....... + More
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2005 (10) TMI 610
... ... ... ... ..... rom being a difficult job, often does not carry the same sense which the witness wants to convey. The convenience of the prosecuting agency, especially in a case where there are large number of witnesses and documents, has also an important bearing. We are, therefore, of the opinion that the case may be transferred to Pondicherry as there will be no difficulty in recording the evidence in the same language in which almost all the witnesses would depose and with which the presiding judge would be familiar. It is only at a s....... + More
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2005 (10) TMI 609
... ... ... ... ..... ad obtained the appointment on the basis of fraudulent claim. We, therefore, find that the petitioner's appointment, which was much prior to 28-11-2000 i.e. the date on which the judgment of the Apex Court was delivered in the case of State v. Milind (cited supra), is entitled to be protected in view of the observations of the Apex Court in the last paragraph of the said case. The petition is, therefore, partly allowed. Respondent No. 3 is directed to reinstate the services of the petitioner with continuity in service........ + More
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2005 (10) TMI 608
... ... ... ... ..... n it at the date when it was instituted. We are in complete agreement with these observations. As stated above, the Mysore Act now stands repelled. It could not be denied that now the Court has jurisdiction to entertain this suit. 13. It must lastly be mentioned that on 18th March, 2002, at the request of the Appellants, the name of Respondent No. 4 was deleted from the array of parties in this Appeal. Respondent No. 4 is the concerned Trust. It is not only a proper party but a necessary party. The whole dispute relates to....... + More
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2005 (10) TMI 607
... ... ... ... ..... The plaintiffs would obviously be liable to pay the court fee on final determination arrived at by the court upon true and correct rendition of accounts, as admittedly the defendants are carrying on the business, though their pleading is that the partnership has already been dissolved. 20. In the circumstances aforestated, I find no merit in this objection raised on behalf of the defendants. In view of my above detailed discussion, the applications of the defendants are partially allowed and the plaintiffs are directed to ....... + More
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2005 (10) TMI 606
... ... ... ... ..... ply to the show cause notice taking up all contentions, both legal and factual, within a period of three weeks from today. Upon such reply being filed before the respondent No.3 authority, the said authority shall take into consideration the same in accordance with law, as well as, take into consideration the order dated 5/2/1998 made by respondent No.2 (Annexure A ) and the appellate order dated 4/2/2003 made in appeal against the order of respondent No.4 dated 31/12/2000 (Annexure D ). The respondent authority shall, aft....... + More
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2005 (10) TMI 605
... ... ... ... ..... aintiff-appellant was liable to pay. Applying the principles of liberal construction and the admission of jural relationship between the parties, I am of the considered view that these two letters Exs.P10 and P11 constituted acknowledgement in writing within the meaning of Section 18 of the Act and, therefore, the suit filed by the plaintiff-appellant must be held to be within time. Accordingly, the view taken by the lower Appellate Court cannot be accepted and the same is hereby reversed. 9. For the reasons aforementioned....... + More
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2005 (10) TMI 604
... ... ... ... ..... irect the State Government to make a Reference under Section 10, to the appropriate Court, within a period of three months from today. A copy of this Order to be sent to the State Government forthwith. The Respondent will be at liberty to apply for interim relief before that Court. Such application, if made, will undoubtedly be decided on its own merits and in accordance with law. The Appellants are directed to maintain status quo for a period of four months from today. 6. We clarify that if any back-wages have been paid, ....... + More
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2005 (10) TMI 603
... ... ... ... ..... ied that the respondents will not be entitled to any further emoluments or service benefits except the amount paid to them as back-wages. 5. In our view, as the Civil Court had no jurisdiction, the decrees which were passed have no force of law. They are accordingly set aside. In our view, there can be no direction to reinstate or to continue reinstatement. However, on the facts of these cases we also direct that if any back-wages have been paid, they shall not be recovered but clarify that the respondents will not be enti....... + More
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2005 (10) TMI 602
... ... ... ... ..... Petitioner does not have the property or that the Petitioner was not competent to enter into an agreement to sell or could not have transferred title in the property to the Respondent. Merely because an agreement to sell was entered into which agreement the Petitioner failed to honour, it cannot be said that the Petitioner has cheated the Respondent. No case for prosecution Under Section 420 or Section 406 of the Indian Penal Code is made out even prima facie. The complaint filed by the Respondent and that too at Madhepura....... + More
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2005 (10) TMI 601
... ... ... ... ..... in filings/refiling the appeal. Applications for condonation of delay are dismissed. The appeal is accordingly dismissed.
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2005 (10) TMI 600
... ... ... ... ..... , letter of the Officiating Chief Record Officer for Commanding Officer dated 4.12.1996. A bare perusal of the letter shows that nowhere was it indicated that the appellant was to be paid for the period he was absent from duty. It merely stated that the claims and dues admissible will be settled after the Government sanction is received. This only was an indication that only after the Government sanction for regularization is received the claim will be settled. Nowhere there was admission of the entitlement of the appellan....... + More
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2005 (10) TMI 599
Power of Magistrate to cancel the bail granted - Challenged the bail cancellation order passed - Offences under Section 120B and 307 IPC - HELD THAT:- The plea of the appellant's learned Counsel is that if the Sessions Court had granted bail, the order of cancellation of such bail should also have been passed by the Sessions Court or by any superior Court and not by the learned Magistrate who is not empowered to cancel it. As a general proposition, the plea raised by the appellant is correct. It is equally true that the accused who is on b....... + More
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2005 (10) TMI 598
... ... ... ... ..... ried out so as to make a recipient of services rendered by clearing and forwarding agents an assessee liable to pay tax under Service Tax Act. These amendments were challenged before the Supreme Court. The Court while dealing with these challenges in the case of Gujarat Ambuja Cements Ltd. v. Union of India 2005 (182) E.L.T. 33 (S.C.) upheld the Constitutional validity of these amendments and ruled Furthermore the liability to pay interest or penalty on outstanding amount will arise only if the dues are not paid within the....... + More
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2005 (10) TMI 597
... ... ... ... ..... he agreement provided Thus agreement and all questions arising out of under this agreement shall be governed by any interpreted in accordance with the laws of Republic of India . 12. I observe that Article 9.1(a) of the said agreement provided for deduction of withholding tax in India. Withholding tax refers to income taxation and this article cannot be interpreted have authorised the appellant to pay service tax on behalf of the service provider, M/s. SWS Japan. Article 26 of the agreement provided that all questions aris....... + More
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2005 (10) TMI 596
... ... ... ... ..... ery Pie of the Bank is public money and that it is not a fit case for preferring Appeal in view of the categorical findings recorded by the Trial Court. Before giving opinion to file this appeal by spending huge money, the Bank officers should have been more careful in scrutinizing the documents with reference to the findings and reasons recorded by the Trial Court and thereafter should have taken decision in the matter for filing this Appeal. 29. For the reasons stated supra, we do not find any good reason whatsoever to i....... + More
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2005 (10) TMI 595
... ... ... ... ..... thin a short span of time unless there were valid grounds giving rise to a tenable case for bail. Of course, the principles of res judicata are not applicable to bail applications, but the repeated filing of the bail applications without there being any change of circumstances would lead to bad precedents. There are strong allegations against the respondent but we do not propose to advert to any of the evidence collected against him. Though the respondent's name was not mentioned in the FIR, it is alleged that he is on....... + More
