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1994 (9) TMI 373 - SUPREME COURT
... ... ... ... ..... The relaxation given was only as regards obtaining first class or second class in the prescribed educational qualification but not relaxation in the educational qualification itself. 5. Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled 10 the relaxation. The Principle erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on revised scale. However, it is not on account of any mis-representation made by the appellant that the benefit of higher pay-scale was given to him but by wrong construction made by the Principal for which the appellant cannot be held to be at fault. Under the circumstances the amount paid till date may not be recovered for the appellant. The principle of equal pay for equal work would not apply to the scales prescribed by the University Grants Commission. The appeal is allowed partly without any order as to costs.
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1994 (9) TMI 372 - MADHYA PRADESH HIGH COURT
... ... ... ... ..... stify the invo cation of the provision. This is not to say that the jurisdiction under Section 438 of the Code is to be freely exercised without reference to the nature and gravity of the offence alleged, the possible sentence which may be ultimately imposed, the possibility of interference with the investigation or the witnesses and public interest. With great respect, we are unable to agree with the view taken by the High Court of Rajasthan. 16. The next question for consideration is whether on an application under Section 438 of the Code, the Court can pass an interim order restraining arrest. A Division Bench consisting of two of us (Bhat, C.J. and Tamaskar, J.) in Misc, Cr, case No. 4758 of 1993 considered this question and held that the Court cannot pass an interim order restraining arrest. We affirm the above view. 17. Having answered the reference as indicated above, we direct the matter to be placed before the appropriate Single Judge for disposal of the application.
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1994 (9) TMI 371 - PUNJAB AND HARYANA HIGH COURT
... ... ... ... ..... h Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Admittedly, it is not open to the Special Judge to modify or review his order except for the limited reasons given in Section 362 of the Code, but this embargo cannot be applied on the High Court exercising its powers under Section 482 of the Code. In view of the position explained above, the petition is allowed and a direction is issued to the Regional Passport Officer, Chandigarh, to return the passport of the petitioner forthwith. It is also directed, as has been urged by Mr. Handa, that before the petitioner leaves India he shall furnish to S.P.,C.B.I. Chandigarh a detailed itinerary of his proposed visit abroad. The petitioner will also file an affidavit before the Special Judge, prior to his departure, stating that he has fully complied with the directions/undertakings given in this order.
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1994 (9) TMI 370 - ANDHRA PRADESH HIGH COURT
... ... ... ... ..... against the petitioner must also be tried and decided in the same Sessions Case, without postponing the same for consideration by a separate case. By adopting this method, no prejudice is caused to petitioner. Further, if the petitioner/A5 is found guilty of the offence u/S. 411, IPC for receiving stolen property from A. 1 to A. 4, it automatically follows that the ingredients for the offence u/S. 212, IPC are established against the petitioner for harbouring A. 1 to A. 4, who committed the offences of robbery, punishable under Section 392, IPC. 19. For the reasons stated above, there are absolutely no justifiable grounds for staying the proceedings against the petitioner/A. 5 for the offence u/S. 212, IPC till the final adjudication against A. 1 to A. 4 for charges under Section 392 and 302, IPC in Sessions Case No. 20 of 1994 on the file of the III Additional Metropolitan Sessions Judge's Court, Hyderabad. This petition is, therefore, dismissed. 20. Petition dismissed.
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1994 (9) TMI 369 - SUPREME COURT
... ... ... ... ..... ship. The object of Clause 10 appears to be that for those partners who either one among themselves or any of the relations of one of the partners had a dealership, the other partner or the specified relations also not be eligible to apply for grant of dealership individually or as a member of the partnership. Therefore, the guidelines are based on public policy to give effect to the constitutional creed of Part IV of the Indian Court. 6. Under these circumstances, we find no arbitrariness or unjustness in prescription of the guidelines for the eligibility criteria. The second writ petition stands liable to be dismissed on the sale ground that the Association cannot file a writ petition as it has no fundamental right under Article 32 of the Constitution. One of the petitioners/appellants has claimed as having partnership, but the details thereof have not been given. We, therefore, dismiss the appeal as well as the writ petitions with costs quantified at ₹ 20,000/- each.
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1994 (9) TMI 368 - SUPREME COURT
... ... ... ... ..... is entitled to reinstatement as if there is no blot on his service and the need for the departmental enquiry is obviated. It is settled that though the delinquent official may get an acquittal on technical grounds, the authorities are entitled to conduct departmental enquiry on the self same allegations and take appropriate disciplinary action. But, here, as stated earlier, the acquittal was on merits. The material on the basis of which his promotion was denied was the sole ground of the prosecution under Section 5(2) and that ground when did not subsist, the same would not furnish the basis for DPC to overlook his promotion. We are informed that the departmental enquiry itself was dropped by the respondents. Under these circumstances, the very foundation on which the D.P.C. had proceeded is clearly illegal. The appellant is entitled to the promotion with effect from the date his immediate junior was promoted with all consequential benefits. The appeals are allowed. No costs.
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1994 (9) TMI 367 - COMPANY LAW BOARD
... ... ... ... ..... Act, the provisions of Section 153 of the Act have more or less become redundant and, therefore, deserve to be removed from the statute book. As a matter of fact, it has now become inevitable in view of a large number of mutual funds that are coming into operation in the present liberalised set-up and who have to have custodians to act as trustees. We are conscious that in the present ever-growing capital market, there have to be regulatory measures, but it is essential that while regulatory measures are formulated, they are in consonance with the provisions of other related laws. 15. As far as the present case is concerned, as Section 153 is still on the statute book and because of its mandatory nature, we have no option but to confirm the decision taken by the board of directors to refuse registration of the impugned shares and accordingly, we confirm the said act of the company. 16. The references are accordingly answered, and thus stand disposed of. No order as to costs.
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1994 (9) TMI 366 - SUPREME COURT
... ... ... ... ..... of the said sum, it should be presumed that the arbitrators had taken into consideration all relevant facts in assessing the actual loss suffered upto the date of award. The appellant State of Rajasthan will be allowed to withdraw a sum of ₹ 25 lakhs or ₹ 26 lakhs that has been realised from the sale of the respondent's assets under the order of this Court and as set out in the award, after the State of Rajasthan satisfies the award which is made a rule of Court. The prayer for cost of ₹ 10 lakhs in addition to the amounts under the award to be paid to the respondent is also rejected. The bank guarantee, if any, furnished by the respondent under the order of this Court made in Special leave petition (civil) No. 9089 of 1984 stands discharged in favour of the respondent. The application is accordingly disposed of without any order as to costs. No further order need be passed on the pending application. The Interim Application therefore stands disposed of.
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1994 (9) TMI 365 - MADRAS HIGH COURT
... ... ... ... ..... o the High Court recommending winding up. The Board acts as a judicial body. There is no scope for the Board to act arbitrarily and adopt different procedures and apply different modes or norms. The contention is without any basis. Whether in the case of a particular sick industrial company, an opinion for winding up should be submitted to the High Court or not, depends upon the particular facts and circumstances of that company. There is no question of any comparison of one company with another, because proceedings against each company will have to be decided in accordance with the particular facts and circumstances of each case. Further, the Board can recommend winding up only when it is not possible to revive the sick industrial company and it is just and equitable to wind up the company. Therefore, we see no merit in the contention that section 20 of the Act is violative of article 14 of the Constitution. 10. For the reasons stated above, these writ appeals are dismissed.
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1994 (9) TMI 364 - SUPREME COURT
... ... ... ... ..... ercised by the court in the public interest. 12. Taking all facts and circumstances into consideration, we are satisfied that in the facts and circumstances of the present case, there is no willful disobedience on the part of the respondents in complying with the direction given by this Court in the aforesaid judgment. It cannot be disputed that when the aforesaid direction was given, this Court was not conscious that the direction had created a liability for payment of about 28 crores of rupees, as arrears to the instructors in the Adult and Non-formal Education Scheme under the Education Department in the State of Haryana. Out of that amount about 20 crores of rupees have already been disbursed for different periods to the instructors. In this background, it is not possible to hold that respondents have committed contempt of this Court, for which they ought to be punished by this Court. Accordingly, all the petitions including W.P.(C) Nos. 401 and 784 of 1989 are dismissed.
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1994 (9) TMI 363 - SUPREME COURT
... ... ... ... ..... changing of the criteria prescribed in the rule, but is only a part of the selection process. The High Court has placed reliance on the case of Praveenkumar Trivedi v. Public Service Commission, M.P 1986 Lab IC 1990 (MP) where it has been pointed out that Commission cannot ignore a statutory requirement for filling up a particular post and cannot opt a criteria whereby candidates fulfilling the statutory requirements are eliminated from being even called for interview. As we have already pointed out that where the selection is to be made purely on the basis of interview, if the applications for such posts are enormous in number with reference to the number of posts available to be filled up, then the Commission or the Selection Board has no option but to short-list such applicants on some rational and reasonable basis. 14.Accordingly these appeals are allowed and the judgment of the High Court is set aside. In the circumstances of the case, there shall be no order for costs.
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1994 (9) TMI 362 - SC ORDER
... ... ... ... ..... peal. The permission sought for, is granted. The appeal is dismissed as withdrawn. There shall be no order as to costs.
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1994 (9) TMI 361 - SUPREME COURT
... ... ... ... ..... today and furnishes the bank guarantee for the balance within that time. Dr. Chitale, learned counsel for the appellant states that the appellant has already furnished bank guarantee for much larger amount. If that be so, the existing bank guarantee may be cancelled and a fresh bank guarantee to cover the remaining 50% of the demand shall be furnished. The bank guarantee shall, however, be kept renewed from time to time till the disposal of this appeal. The appellant will pay the interest @ 18% per annum on 50% of the demand in the event of the appeal being dismissed. If the appeal is allowed, the amount of 50% deposited by the appellant shall be refunded with the same rate of interest. The C.M.P. is disposed of accordingly." It is obvious that on the dismissal of this appeal, the aforesaid order comes to an end. The appellant has to pay the arrears of duty due according to law. It shall also be open to the respondents to encash the bank guarantees for the said purpose.
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1994 (9) TMI 360 - ANDHRA PRADESH HIGH COURT
... ... ... ... ..... ted for any of the above infirmities or illegalities. However, we leave it open to the appellants if they propose to terminate the sub-leases or withdraw the consent, to issue notices to the sub-lessees to show cause as to why such an action should not be taken, grant them reasonable time for submitting their explanation, consider the same and pass appropriate orders in accordance with law. For this purpose, we consider it just to direct the parties to maintain status quo obtaining as on this day for a period of three months from today. If no fresh orders are passed within the said period of three months pursuant to the show cause notice, it would be open to the sub-lessees to proceed with the mining operations in accordance with the sub-leases granted to them. The orders under appeals are accordingly modified and subject to the above modification and observations, the appeals are dismissed, but in the circumstances of the case, we direct the parties to bear their own costs.
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1994 (9) TMI 359 - CALCUTTA HIGH COURT
... ... ... ... ..... he petitioner and will be utilised first towards the portent to satisfaction of decretai dues after determination of the quantum of losses and damages. 56. If the vessel has not already been shifted to Calcutta from Haldia Dock, the same will be released from the place where it is at present lying. 57. The petitioner will pay in the first instance all costs charges and expenses including the remuneration of the Marshall which is assessed at ₹ 4000/-, which the defendant --petitioner will be entitled to recover from the plaintiff-respondent. The costs so incurred by the petitioner will be added to the claim of the petitioner in the decree. Stay asked for and is declined, Liberty to apply to give effect to this decree and orders made. All parties including the Marshall, the Official Referee, Customs Authorities, Port Authorities and the Port Police to act on a signed copy of the operative portion of this judgment and order on the usual undertaking. 58. Order accordingly.
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1994 (9) TMI 358 - DELHI HIGH COURT
... ... ... ... ..... it is lawful for the court to order the production of such of the documents in the possession or power of a party as relate to any matter in question in the suit. The relevancy of the document at the trial is not disputed by defendant No.3. Merely because the documents are ordered to be produced in court the banker's lien if any is not lost. However, it is not necessary to have the original documents before the court. It would suffice if the photocopies are directed to be produced subject to an undertaking by defendant No.3 to produce the originals before the Court as and when required. (16) Accordingly, the application is allowed and defendant No.3 is directed to produce the certified true photocopies of documents referred to in the application in the court. As per rules governing the original side, the plaintiff shall also be provided with the copies of the documents. The defendant No.3 shall undertake to make the originals available to the court as and when required.
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1994 (9) TMI 357 - SUPREME COURT
... ... ... ... ..... working of the Board as the Board's decision, which is of 1974 has held the field for about two decades and any disturbance at this stage would not to be conducive to the functioning of the Board inasmuch as the number of persons to be affected would be in thousands, as it has been stated in paragraph 22 of the counter-affidavit filed on behalf of the Board in CA No. 559 of 1991 that the number of qualified diplomaholders and degree-holders in all branches would be in region of 1000; Junior Engineers Grade- 1 about 2000 and Assistant Engineers also 2000. 27. The aforesaid being the position, we do not find any constitutional infirmity in the classification and would not interfere with the ratio as prescribed because of the aforesaid special facts. CONCLUSION 28. None of the objections raised and contentions advanced having been accepted by us, all the writ petitions, appeals and special leave petitions stand dismissed. Parties are, however, left to bear their own costs.
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1994 (9) TMI 356 - PUNJAB AND HARYANA HIGH COURT
... ... ... ... ..... e for penalty but also liable to be prosecuted. The contention that no prosecution can be lodged against the petitioners because the matter with regard to imposition of penalty is pending decision before the Tribunal, cannot be accepted because under the Act, for contravention of Rules and notifications, not only penalty can be imposed, but prosecution can also be launched. In case, the Tribunal records the finding in favour of the petitioners, it shall always be open to the petitioners to make an appropriate application before the Court for discharge, or for any such appropriate order. 5. Accordingly, this petition shall stand dismissed with no order as to costs. Petitioners shall be at liberty to raise all such pleas available at their end during trial. Any observation made herein shall not affect the merits of the case. Records summoned in the case be sent back to the trial Court. 6. Parties through their counsel are directed to appear before the trial Court on 16.9.1994.
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1994 (9) TMI 355 - SUPREME COURT
... ... ... ... ..... show hostile animus and possession adverse to the knowledge of real owner. Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession. Apart from it, the appellate court has gone into detail and after considering the evidence on record found it as a fact that the possession of the appellant was not adverse. The learned counsel, despite strenuous argument, could not demolish the finding of adverse possession. Attempt was made to rely on the evidence led on behalf of the parties and the evidence of the Commissioner who prepared the map. We are afraid that such an exercise is not permissible even in second appeal, what to say of the jurisdiction exercised by this Court under Article 136 of the Constitution. Further, we do not find that the appellant has suffered any injustice which requires to be remedied by this Court. 6. In the result, the appeal fails and is dismissed. But there shall be no order as to costs.
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1994 (9) TMI 354 - SUPREME COURT
... ... ... ... ..... of the matter as may in the opinion of the Government be just or expedient having regard to all the circumstances of the case." The High Court is of the view that the scheme does not fall within the ambit of the above Section. No. question of municipal funds arises in this case as the scheme is wholly run on contributions made by the employees and not on the funds of the Jabalpur Municipal Corporation. Therefore, the State Government has no jurisdiction to cancel the Resolution. A careful reading of sub-section (1) of Section 421 shows that if the doing an act which is not in conformity with law, certainly it could prohibit the doing of such an act. We have already found that the scheme is in violation of the life Insurance Corporation Act, particularly Section 30. Therefore, the State Government is well empowered to invoke the power under Section 421. The exercise of such a power cannot be found fault with. In the result, the civil appeal will stand allowed with costs.
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