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Case Laws
Showing 81 to 100 of 460 Records
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1999 (11) TMI 822 - CEGAT, CALCUTTA
Appeal - Limitation ... ... ... ... ..... t was the duty of the department to reply to the appellant rsquo s letter and in any case to supply a copy to him after observing the due procedure for getting the attested copies. This having been not done by the Department, the appellant was compelled to make his option for procuring the order from co-noticee so as to challenge the same before the Higher Appellate Forum. The appellant has shown on record that a copy of the impugned order was received by him on 10-9-1999, from one of his co-notice, as per his signature appended in the impugned order. Thereafter, an appeal has been filed within a period of ten days from the actual receipt of the order. In the circumstances, I find that there is actually no delay in filing the appeal inasmuch as the same has been filed within the period of three months from the date of actual receipt of the impugned order. As such, I condone the delay, if any, in filing the appeal, in time. Miscellaneous application is disposed of accordingly.
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1999 (11) TMI 813 - HIGH COURT OF BOMBAY
Amalgamation ... ... ... ... ..... said notification since the transfer fees refer to the incidence of transfer in the financial year. It is quite logical that the transfer fees shall be in relation to the incident of transfer taking place any time during the financial year as the said duty is for enabling the party or the firm in whose favour the licence has been transferred to continue to manufacture of the liquor in such financial year. The excise duty is levied in relation to the financial year. Being so, it follows that the transfer fees also relate to the financial year. In this view of the matter irrespective of the fact that the application for transfer was made prior to 9-3-1994, it will not enure to the benefit of the petitioners to avoid the payment of transfer fees under the said Act for the financial year 1993-94. Hence, the third ground of challenge is also devoid of substance. 12. In the result, therefore, the petition fails and is hereby dismissed. Rule is discharged with no order as to costs.
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1999 (11) TMI 808 - SUPREME COURT
When a company, which committed the offence under section 138 of the Negotiable Instruments Act, 1881 eludes from being prose-cuted thereof, can the Directors of that company be prosecuted for that offence?
Held that:- Appeal dismissed. We are not impressed by the contention that section 139 would afford support to the plea that prosecution of the company is sine qua non for persecuting its directors under section 141. Even if the prosecution proceedings against the company were not taken or could not be continued, it is no bar for proceeding against the other persons falling within the purview of sub-sections (1) and (2) of section 141. In the light of the aforesaid view we do not consider it necessary to deal with the remaining question whether winding up order of a company would render the company non-existent.
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1999 (11) TMI 807 - HIGH COURT OF DELHI
Interim measures by Court ... ... ... ... ..... hich will be gone into during arbitration. 10. In the light of the foregoing discussions, and the specific provision in the contract for repairs and rectification being carried out by another agency, the petitioner does not have a prima facie case for grant of interim protection. Besides, this is a contract which is not specifically enforceable and the petitioner is not entitled to injunction under the provisions of the Specific Relief Act. There is no irreparable injury to the petitioner, which cannot be compensated by damages at a later stage if petitioner rsquo s stand is vindicated. The petitioner has failed to make out a case for grant of protection under section 9 of the Arbitration and Conciliation Act, 1996. The petition is dismissed. 11. The observations made in this order are on prima facie view of the matter and shall not affect the proceedings or decision of the arbitrators, including petitioner seeking interim directions from the arbitrators, if warranted at law.
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1999 (11) TMI 806 - HIGH COURT OF MADRAS
Suspension of legal proceedings, contracts etc. ... ... ... ... ..... as no appeal was preferred. Hence, this decision cannot be made applicable to the case on hand. 13. It is apparently clear that the plaintiff has included the relief of declaration relating to the leasehold property coupled with the prayer for recovery of money. When the recovery of money is also one of the reliefs claimed in the suit, in view of the language employed under section 22, I am of the view that the further proceedings have to be necessarily stayed till the disposal of BIFR proceedings. Moreover, the plaintiff is also not in a position to get any interim decree at this stage and the matter can be considered only at a later point of time after the BIFR proceedings are over. 14. For the reasons stated above, Application No. 4003 of 1998 is allowed and further proceedings in C.S. 408 of 1998 are stayed pending disposal of BIFR proceedings. Application No. 4002 of 1998 is ordered to be closed and the same can be re-opened on and after the disposal of BIFR proceedings.
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1999 (11) TMI 804 - HIGH COURT OF BOMBAY
Oppression and mismanagement ... ... ... ... ..... ot required to decide the petition on merits. The petition could be held to be demurrable only if the claim put forward cannot be established even if all the allegations made in the petition are accepted to be true. Such is not the position here. Very complicated questions of fact and law have been raised. It is only at the final hearing of the petition that the Court would be able to decide the issues as to whether the dividend squeeze could amount to an oppression. The Court would also have to decide as to whether or not transfer of shares made in contravention of the Articles of Association would amount to an act of oppression. The Court would also have to decide as to whether or not the remuneration received by respondent No. 2 is an act of oppression. These are all matters which require detailed consideration and have to be decided on merits at the final hearing of the petition. 22. In view of the above, the preliminary objection raised by Mr. Manohar is hereby rejected.
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1999 (11) TMI 800 - HIGH COURT OF DELHI
Interim measures by Court ... ... ... ... ..... nt No. 2 of Rs. 60 million in respect of deemed export benefit on or before 9-9-1999. The learned counsel for the petitioner, Mr. Seth, urged that the payment of the deemed export benefit has been made and the appellant has paid a sum of Rs. 6,12,85,043.42 to respondent No. 2. The agreement was, however, subject to approval of condition No. (i) above by the Board of the appellant. This approval has not been forthcoming. The counsel for the respondent No. 2 informed that the talks for settlement have broken down. He submitted that he is not pressing his case on the basis that appellants are estopped from seeking to oppose encashment of the performance bond. In this view of the matter, this controversy does not affect the present decision. Accordingly, IA. 0294 of 1999 is dismissed. 14. In view of the foregoing discussion, it is held that the petitioner has failed to make out a prima facie case, showing fraud or irretrievable justice. The petition has no merit and is dismissed.
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1999 (11) TMI 799 - HIGH COURT OF DELHI
Interim measures by Court ... ... ... ... ..... petitioner in terms of the contract, that the question of any payment being made by the petitioner would arise. 8. On a consideration of the entire matter, I am of the view that it would not be expedient to direct stay of the proceedings before the arbitrators on the ground that reference to a larger Bench of the Supreme Court in relation to the Cess and Other Taxes on Minerals (Validation) Act, 1992 is pending and ultimately the validity of the act may not be upheld. In the absence of any stay of the judgment in Kannadasan rsquo s case (supra) upholding the validity of the Validation Act, no ground is made out for stay of arbitral proceedings which have already been adjourned in the past to accommodate the petitioner. It would be open for the petitioner to urge before the arbitrators all the pleas that it wishes to raise to oppose any direction for reimbursement of the cess in the present facts and circumstances. 9. The petition is dismissed with the aforesaid observations.
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1999 (11) TMI 798 - HIGH COURT OF DELHI
Amalgamation of companies ... ... ... ... ..... itors and employees are not likely to be jeopardised. The scheme of amalgamation does not appear to be unfair, contrary to public policy or in violation of public interest. In my opinion, the scheme in substance is fair and reasonable and accordingly, I accord sanction to the scheme of arrangement/amalgamation as prayed for, in this petition. 7. The scheme of amalgamation shall be binding on all the equity shareholders, secured and unsecured creditors of both the companies and shall take effect from the effective date as defined in the scheme. A certified copy of this order alongwith the scheme of amalgamation will be filed with the Registrar of Companies within two weeks from the date of this order. 8. The transferor-companies shall stand dissolved from the effective date, without the process of winding up. The statement of assets be filed within ten days. 9. A formal order shall be drawn up by the Registry in accordance with law. 10. The petition is accordingly disposed of.
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1999 (11) TMI 797 - HIGH COURT OF BOMBAY
Award by Arbitrator ... ... ... ... ..... , in which a specific amount was demanded. In my opinion therefore, the Arbitrators were perfectly justified in drawing an inference against the respondent due to his silence in relation to the demands of the amount made by the claimant from him. It is further to be seen here that there is material on record to indicate that the respondent was liable for the amounts. In this view of the matter therefore, the submission made by the learned counsel for the respondent has no substance. The drawing of the inference cannot be termed as error of law apparent on the face of the award. In the result therefore, arbitration petition No. 236 of 1996 is dismissed where arbitration petition No. 5 of 1997 is granted in terms of prayer clause (a) excluding the bracketed portion. In view of the fact that only objection that was raised to award No. 78 of 1996 was in arbitration petition No. 236 of 1996 and as that petition has been dismissed, decree in terms of award No. 78 of 1996 is passed.
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1999 (11) TMI 796 - TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Deficiency in service ... ... ... ... ..... warded interest, we do not think it would be proper for us to award compensation for mental agony and anguish as prayed for. We, therefore, reject the claim of Rs. 5,000 on account of the mental agony and anguish as has been prayed for by the complainant in her complaint. The appeal is allowed to the extent indicated above. 11. In fine, the appeal is allowed setting aside the order of the Forum below in entirety. The appeal is allowed directing the opposite party to disburse Rs. 14,200 the maturity value of the Kisan Vikas Patra with 12 per cent interest on and from 7-3-1998 the date of maturity of the said Patra till realisation. In case there is failure on the part of the opposite party to effectuate the payment as above, it is very well open to the complainant to resort to section 27 of the Consumer Protection Act, 1986. The complaint in other respects stands dismissed. However, we make no order as to costs on the facts and in the circumstances of the case. Appeal allowed.
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1999 (11) TMI 795 - HIGH COURT OF ANDHRA PRADESH
Oppression and mismanagement ... ... ... ... ..... l settlement. However, as there was no compromise on that basis, the case was again heard on merits. 23. We, therefore, modify the order of the learned Single Judge by directing payment of Rs. 4 lakhs instead of Rs. 2 lakhs. The 2nd respondent may deposit the amount in a bank with instructions to the banker to pay the amount to the petitioner (appellant in OSA No. 5 of 1996) on the petitioner producing before the officer of the bank the share transfer forms and other documents necessary to effectuate the transfer of shares. The respondents shall deposit the same within a period of one month and send an intimation to the petitioner as well as the petitioner rsquo s counsel by registered post. In case neither party fulfils the obligations following this order, it is open to the aggrieved party to seek further directions from the court. 24. In the result, OSA No. 40 of 1999 is dismissed and OSA No. 5 of 1996 is allowed to the extent indicated above. We make no order as to costs.
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1999 (11) TMI 792 - HIGH COURT OF MADRAS
Place of business - Alteration of ... ... ... ... ..... eep all accounts and other transactions only within the jurisdiction of the respondent so as to enable the respondent to exercise his duties as contemplated under the said Act with respect to the said chit agreements. 6. As stated earlier, I do not find any prohibition under the said Act or the rules prohibiting the petitioner from changing the place of auction even beyond the jurisdiction of the officer with whom the chit agreements have been registered. In the absence of any such prohibition and in the absence of any difficulty for the respondent to discharge his duties with respect to the said chit, the objection raised by the respondent to register the alteration cannot be sustained. 7. In view of the above discussion, the impugned order of the respondent is set aside and the respondent is directed to register the alteration with respect to the place of auction in so far as it relates to the said chit No. 58 of 1997. Accordingly, this writ petitioner is allowed. No costs.
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1999 (11) TMI 789 - HIGH COURT OF ALLAHABAD
Amalgamation of companies ... ... ... ... ..... ror-companies. The Official Liquidator has submitted supplementary Report No. 83 of 1999. In para 4 of the Report it has been stated that in compliance to the said objection the transferee-company has increased its authorised capital as per Form No. 5 filed with the Registrar of Companies, U.P., Kanpur. As the compliance has been made. He has no-objection. No other person has filed any objection. 7. Considering the facts and circumstances of the case and the resolution passed by the shareholders and creditors of all the companies. The Scheme of Amalgamation (Annexure lsquo 4 rsquo to the petition) is sanctioned and approved subject to resolution dated 1-10-1999 at the transferee- company. The transferor-company No. 1, namely, Shamil Industries (P). Ltd. and transferor-company No. 2, namely, Avadh Udyog Ltd. are hereby ordered to be resolved in accordance with the provisions of section 394(1)(iv) of the Companies Act, 1956. 8. The petition is, accordingly, disposed of finally.
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1999 (11) TMI 762 - CEGAT, NEW DELHI
Rectification of Mistake - SSI Exemption ... ... ... ... ..... not be permitted to enjoy monopoly in all articles was in respect of Trade Marks Rules and Supreme Court held that other Traders or manufacturers can get registration of separate and distinct goods and as such is not applicable while interpreting para 7 of Notification No. 175/86 which makes the exemption non-available if the manufacturer affixes the brand name of an ineligible person. However, we observe that it was also held by us in the said order that the respondents had acquired common partnership in the Trade name ldquo T Series rdquo for their products washing powder, laundry soap, etc. and as such they had become the owner of the brand name themselves and affixing the brand name belonging to them was not covered by the mischief of Para 7 of the Notification No. 175/86. Accordingly, the benefit of notification was available to the respondents. In view of this, while we allow the application for rectification of mistake, the appeal filed by the Revenue remains rejected.
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1999 (11) TMI 761 - CEGAT, CHENNAI
Scrap, Import of - Bushelling scrap - Definition of scrap - Confiscation and penalty ... ... ... ... ..... reconsideration of the same including the following grounds raised by ld. Advocate - (a) The expert technical opinion from the National Metallurgical Laboratory, Madras centre or any other approved Govt. technical expert should be obtained on the goods which are still within the Customs custody. (b) While considering the import of the definition contained in Section XV of the Customs Tariff Act, the ISRI specifications noted above should also be looked into as they are generally accepted as a relevant standard in international trade. (c) The decision of the Tribunal in the case of Bajaj Auto Ltd. cited by ld. DR and sought to be distinct by ld. Advocate also needs to be considered in detail. 8. emsp Appeals are accordingly allowed by way of remand with the above directions. 9. emsp Since the goods are in Customs custody, the original authority shall proceed with these de novo proceedings as expeditiously as possible after giving opportunity for personal hearing to appellants.
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1999 (11) TMI 760 - CEGAT, CHENNAI
Stay/Dispensation of pre-deposit - Penalty - Appeal to Appellate Tribunal ... ... ... ... ..... r beyond the means of the appellants. At this stage, ld. Counsel seeks time for deposit as he submits that if time is not granted and appeals are dismissed, then the appellants rsquo right to appeal would be lost. The prayer is accepted. The appellants are directed to pre-deposit the amounts within three months from the date of receipt of the order. On such deposit the balance of penalties stand waived and recovery stayed. 6. emsp Ld. D.R. points out that the matter could be remanded to the Commissioner (Appeals) with a direction to the Commissioner to satisfy himself with regard to the pre-deposit and take up the appeals after the expiry of 3 months from the date of receipt of the stay order. The prayer is accepted. The appeals are taken up and remanded to Commissioner (Appeals) for taking up the matter after due compliance of pre-deposit as directed and decide the case without insisting on further deposit, on merits after giving due opportunity of hearing to the appellants.
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1999 (11) TMI 759 - CEGAT, CHENNAI
Clandestine removal - Proof - Adjudication - Cross-examination ... ... ... ... ..... on has been arrived at by these pieces of evidences which is unchallenged without any cross examination and hence the various findings arrived at are based on seizure of goods which had been cleared without payment of duty. Therefore, the Collector has arrived at the conclusion on the basis of evidence on record. We also note that the judgments which are cited by the appellants are distinguishable. In those cases there was no seizure from the dealers and statements about non payment of duty. In the cases cited there were no admissions as the party had done in the present case. In view of the statements not having been cross-examined, therefore, the appellants have not made out a case for interference of the order of the Collector. 10. emsp Penalty imposed is only Rs. 20,000/- as against the duty evasion of over Rs. 2,38,664/-. There is no ground for reducing the penalty or the redemption fine in the present case. There is no merit in the appeal and hence the same is rejected.
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1999 (11) TMI 739 - ITAT DELHI
Assessment - Prima facie adjustment ... ... ... ... ..... een covered under prima facie adjustment under section 143(1)(a) of the Act. Section 143(1)(a) does not permit consulting past records for the purpose of prima facie adjustment. Similarly, the prima facie adjustment with regard to the claim of investment allowance as done in the present case was not permissible under section 143A. The learned CIT(A) had rightly relied upon the aforesaid Circular of CBDT and the reported decision in respect of the scope of prima facie adjustment. As such there was no rectification of mistake and the intimation issued by the AO u/s 143(1)(a) and the issue of notice u/s 154 was unjustified and wrong. 10. On the facts and in the circumstances of the case, we uphold the learned CIT(A) rsquo s view that the prima facie adjustment made by the Assessing Officer under section 154 of the Act in the present case were not proper and warranted under the provisions of section 143(1)(a) of the Act. 11. In the result, the revenue rsquo s appeal is dismissed.
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1999 (11) TMI 734 - CEGAT, NEW DELHI
Appeal - Limitation ... ... ... ... ..... the ld. Advocate, is also not applicable to the facts of the present case as the order was not incomplete and was passed at the appropriate place provided in the classification list. The time-limit for filing the appeal would run from the date of communication of the order and not from the date of subsequent clarification. The classification list as approved by the Assistant Collector had achieved finality as no appeal against the same was filed and the Tribunal has appropriately observed in Commissioner of Customs v. Hari and Co. (supra), ldquo The respondents cannot have a right which have extinguished by bringing it back to life. It may amount to giving blood transfusion to a dead body. rdquo We are, therefore, of the view that the appeal filed by the Respondent before the Collector (Appeals) was hit by time-limit specified in Section 35 of the Central Excise Act and accordingly the impugned order is set aside and the appeal filed by Revenue is allowed on this point alone.
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