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2008 (5) TMI 754
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... ... ..... n Reddy, JJ. ORDER Appeal dismissed.
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2008 (5) TMI 753
... ... ... ... ..... rgah are not matters which should be allowed to be given a decent burial. The Government should have taken the purport of its orders and memos issued by it to their logical conclusion. They failed to do so. We, therefore, are of the opinion that the Government of Andhra Pradesh would be well advised to cause an enquiry to be made into the entire affairs of the Andhra Pradesh Wakf Board and others concerned vis- -vis the transactions carried out in the matter, albeit after giving an opportunity of hearing to the parties. We....... + More
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2008 (5) TMI 752
... ... ... ... ..... ted 28.11.2005 recorded by the Trial Court and hearing the rival claimants. (ii) After such determination, the person/s determined to be the person/s entitled to represent the estate of the deceased shall be brought on record as the legal representatives of the deceased. (iii) Thereafter, the appeal shall be heard on merits and disposed of in accordance with law. 15. Having regard to the facts and circumstances, we request the High Court to dispose of the appeal, preferably within a period of six months. Nothing stated abo....... + More
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2008 (5) TMI 751
... ... ... ... ..... #39; of certain properties during the minority of a ward would not operate as bar to a suit for possession by a person claiming to be trustee. 42. The question came up for consideration in Gnanasambanda Pandara Sannadhi v. Velu Pandaram and Anr. XXVII (1899-1900) Indian Appeals 69 wherein the judicial committee held as under Their Lordships are of opinion that there is no distinction between the office and the property of the endowment. 43. The said principle was applied in a case of Debendra Nath Mitra Majumdar v. Sheik S....... + More
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2008 (5) TMI 750
... ... ... ... ..... thout any basis and directing the tenant to pay absurdly high rent would be considered oppressive and unreasonable even when such direction is issued as a condition for stay of eviction. High Court should desist from doing so. 9. To sum up, in writ petitions by landlord against rejection of eviction petitions, there is no scope for issue of any interim direction to the tenant to pay higher rent. But in writ petitions by tenants against grant of eviction, the High Court may, as a condition of stay, direct the tenant to pay ....... + More
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2008 (5) TMI 749
... ... ... ... ..... Mohan Parasaran, ASG.; Mr. O.P. Srivastava, Adv. and Mr. B.V. Balaram Das,Adv. ORDER Delay condoned. Dismissed.
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2008 (5) TMI 748
... ... ... ... ..... is essential that he is in a position to operate the said account by either depositing monies therein or by withdrawing money therefrom. He should be in a position to give effective instructions to his banker with whom the account is maintained. However, in the present case, once the account has been attached by an order of the Court, the said account could not be operated by the petitioner. He could not have issue any binding instructions to his banker, and the banker was not obliged to honour any of his instructions in r....... + More
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2008 (5) TMI 747
... ... ... ... ..... y other substantial cause. If what the respondents contended is correct, namely, the mortgage was executed in 1913, the period of limitation having been prescribed under the old Limitation Act, namely, 60 years being the period of limitation having regard to the provisions of the new Limitation Act, the suit could be filed within a period of seven years from 1.1.1964, i.e. upto 1.1.1971. As the suit was filed on 30.12.1970, it may be held to be within the prescribed period of limitation. 12. We are of the opinion that keep....... + More
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2008 (5) TMI 746
... ... ... ... ..... inding that the decree is liable to be reversed. No case has been made out for invoking the jurisdiction of the Court under Order XLI Rule 23 of the Code. An order of remand cannot be passed on ipse dixit of the court. The provisions of Order II Rule 2 of the Code of civil Procedure as also Section 11 thereof could be invoked, provided of course the conditions precedent therefore were satisfied. We may not have to deal with the legal position obtaining in this behalf as the question has recently been dealt with by this Cou....... + More
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2008 (5) TMI 745
... ... ... ... ..... falls outside the jurisdiction of the Permanent Lok Adalat. 40. We must guard against construction of a statute which would confer such a wide power in the Permanent Lok Adalat having regard to sub-section (8) of Section 22-Cof the Act. The Permanent Lok Adalat must at the outset formulate the questions. We however, do not intend to lay down a law, as at present advised, that Permanent Lok Adalat would refuse to exercise its jurisdiction to entertain such cases but emphasise that it must exercise its power with due care an....... + More
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2008 (5) TMI 744
... ... ... ... ..... assed an order, an appeal could have been preferred thereagainst. If the entire Board is the appropriate authority for taking a decision, it is only that authority which was required to take decision and not any other. (See Indian Airlines Ltd. vs. Prabha D, Kanan (2006) 11 SC 67). 20. For the said purpose an express provision in the Regulation was not imperative. Managing Director of the Corporation initiated a proceeding but he could not impose a major penalty and in that view of the matter he will have the incidental po....... + More
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2008 (5) TMI 743
... ... ... ... ..... applying the law to the questions posed before the Court, the Court in its humble opinion takes the view that the applicants - auction purchasers and the Official Liquidator are right in their perception that the auction purchasers are not liable to discharge any of the liabilities pertaining to the pre-liquidation period of the Company in liquidation and all these attachments which are made on the assets of the Company in liquidation are required to be removed and the auction purchasers are entitled to get absolutely clea....... + More
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2008 (5) TMI 742
... ... ... ... ..... was also submitted that the appellant's parents are suffering from multiple ailments because of advanced age. The appellant's father is a retired Professor and Dean, Veterinary College, Mathura and he had undergone transplant of his kidney and the appellant's mother is suffering from multiple ailments and is virtually bed-ridden. 10. We have heard learned Counsel for the parties at length. The parties have compromised and the complainant Smt. Sadhna Madnawat categorically submitted that she does not want to pro....... + More
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2008 (5) TMI 741
... ... ... ... ..... ch judgments. 31. As the reference was made only for the purpose of resolving the perceived conflict between the said two judgments, it is not necessary to venture into the uncharted territory of what the law may be, and how the relevant limb of clause 12 of the Letters Patent would come to be construed, with the proliferation of at- par cheques encashable at every branch of the bank or upon appreciation of the increasing banking transactions on the internet which makes indistinct the traditional banking practice of yore. ....... + More
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2008 (5) TMI 740
... ... ... ... ..... the assessee, to show the comparable figures of wastage percentage, rendered in the manufacturing process of other industries, involved in manufacturing identical product, and employing identical process of manufacturing, and to satisfy the learned CIT(A), about the wastage percentage, shown by the assessee, during the past assessment years, and that having been accepted by the Revenue, and then to consider the impact of the above, if established by the assessee, on the question, as to whether the books of account of the a....... + More
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2008 (5) TMI 739
... ... ... ... ..... o delete the same. 61. With regard to painting and craft work income shown in the assessment years 2008-09 and 2009-10, the ld. CIT(A) has doubted the impugned income shown, however, he has stated that the assessee is having some source of income. From the observation of CIT(A) it was found that these loose papers were owned by Uma Shankar Pateria and his affidavit was not rebutted by the ld. Assessing Officer even after recording the statement which is evident from its statement itself. 62. As discussed hereinabove, the i....... + More
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2008 (5) TMI 738
... ... ... ... ..... oresaid, we are of the view that this writ petition is covered by the decisions of this Court in the case of D.S. Reddy and L.P. Agarwal and the impugned proviso to Section 11A of the AIIMS Act is, therefore, hit by Article 14 of the Constitution. Accordingly, we hold that the proviso is ultra vires and unconstitutional and accordingly it is struck down. The writ petition under Article 32 of the Constitution is allowed. In view of our order passed in the writ petition, the writ petitioner shall serve the nation for some mo....... + More
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2008 (5) TMI 737
... ... ... ... ..... mpleted within a period of four weeks from date. 22. In the event, the cooperative society intending to avail loan facilities from the banks for running their business, may approach them which may apart from usual conditions release the same on a further condition that the amount of FDR would remain with them and on that basis, loans may be granted of such amount. The usual precautions in regard thereto may also be taken by the Bank(s). 23. We, while saying so, do not intend to lay down any law. These directions should not....... + More
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2008 (5) TMI 736
... ... ... ... ..... usions and in exercise of the powers under Sections 397 and 398 read with Section 402, it is hereby directed that the petitioner group will exit by sale of its entire holding in the Company, namely, 70.42% (petitioner 69.30% IP Support 1.12%) to the second respondent group at a fair value which shall be certified by an independent and reputed firm of Chartered Accountants. Towards this end, the contesting parties will appear before the Bench on 09.07.2008 at 2.30 PM to suggest a mutually acceptable Valuer for valuation of ....... + More
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2008 (5) TMI 735
... ... ... ... ..... e appeal would stand condoned with direction to the court to decide the appeal against the ex-parte decree and order passed. 41. The facts as pleaded are not much in dispute otherwise. Since the matter in regard to setting aside of this ex-parte decree is pending before the Appellate Court, I am leaving it for the Appellate Court to deal with this ex-parte decree and pass an appropriate order. Appellate Court has to realise that the parties in this case must prove their claim and obtain an appropriate relief by leading leg....... + More
