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Case Laws
Showing 1 to 20 of 354 Records
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1991 (2) TMI 430 - BOMBAY HIGH COURT
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... ... ..... bove, leave to defend is granted on condition that in each of the two suits, the defendants deposit Rs. 50,000/- within 6 weeks from today. In the event of the defendants depositing the amount as aforesaid, both the suits to be transferred to the list of Commercial Causes. Written Statement within 8 weeks thereafter. Affidavit of documents within 8 weeks thereafter. Inspection forthwith thereafter. Suits to be placed on Board for hearing in the last week of February, 1992. In the event of the defendants depositing the said amount of Rs. 50,000/- (Rupees Fifty Thousand only) in the Court in each of the two suits as aforesaid, the Prothonotary Senior Master to invest the said amount with a Nationalised Bank, initially for a period of one year and to renew the same thereafter for suitable period until further orders of the Court. In the event of the defendants not depositing the same amount as aforesaid, liberty to the plaintiffs to have the suits set down forthwith for hearing.
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1991 (2) TMI 428 - BOMBAY HIGH COURT
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... ... ..... izance of the offence on the basis of the incomplete "police report" presented before him and consequently the order taking cognizance of the offence and issuing process to the accused is quashed and set aside as also the order of condonation of delay made by him vide order dated 21st Nov. 1986. 37. The applicants in Criminal Application No. 812 of 1987 are accused Nos. 12 to 16 in the aforesaid Criminal Cases Nos. 57 to 61 of 1987, whereas the applicants in Criminal Application No. 1868 of 1987 are the original accused Nos. 17 to 19 in the aforesaid Criminal Cases. For the reasons already stated, the judgment in Criminal Application No. 531 of 1987 shall also govern the Criminal Applications Nos. 812 of 1987 and 1868 of 1987 and for the reasons stated above, all the Criminal Applications Nos. 531 of 1987, 623 to 626 of 1987, 812 of 1987 and 1868 of 1987 are "allowed in terms of the order referred to above. Rule made absolute accordingly. 38. Order accordingly.
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1991 (2) TMI 427 - GAUHATI HIGH COURT
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... ... ..... , such arrested person cannot be taken again into the custody by the Army officials. The elucidation is recorded for guidance and compliance by Army officials and police establishment. In our view the learned Advocate General fairly put the subject matter beyond any controversy. 15. We have tried to deal with this difficult subject to cover all aspects in the circumstances of the case. We have stated in the prefatory part of the order that this order will be subject to the decision of larger question that is to be discussed in the batch of four cases to cover the issues under Act 28 of 1958 and Act 19 of 1955. We have repeated in this order with a view to obviate confusion in the implementation of this order and for the guidance of Army officials. 16. Finally we express our gratitude to the Legal Aid Cell for Women and the Kasturba Ashram for providing food and accommodation to the females at our request for some time. 17. The writ petition is ordered, as indicated. No costs.
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1991 (2) TMI 426 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... es. A similar provision is contained in Section 278B of the Income Tax Act and in the two judgments referred to as Puran Devi v. Z.S. Klar, ITO 1988 169 ITR 608 and Basal Tool Co. v. ITO, it has been interpreted that only the person who is in charge of the affairs or was responsible to the company for the conduct of the business of that company and the company are liable for the offence. Seeking guidance from the above-quoted authorities, I hold that to make Jagpal Singh, the petitioner, liable, the respondent-firm had to allege that he was in charge of the affairs of the company or liable to the company. No such averment has been made and for that reason, no offence is alleged to have been committed by him. 10. I hereby allow the criminal miscellaneous qua Jagpal Singh, petitioner, only and quash the impugned complaint and all the subsequent proceedings against him. The criminal miscellaneous qua the petitioner-firm and Baljinder Singh, petitioner No. 2, is hereby dismissed.
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1991 (2) TMI 425 - SUPREME COURT
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... ... ..... g the author of the rule, has kept to itself, as a matter of prudence; the right to remove any ambiguity about the identification of any post including the highest post/posts. The stance of the government in this regard should have clinched the matter but since the same had been put forth as a defence in the High Court, its view nonetheless are entitled to great weight and the burden of the appellants to lift that weight, an uphill task by all means, has remained unfulfilled. 13. To sum up, our interpretation of the rules is in accord with the interpretation of the rules as put by the High Court holding that the Super Time scale posts are the highest posts in the Service and selection for promotion and appointment on that basis in the Service has to be made on the basis of merit alone and not on the basis of seniority-cum-merit and merit in the proportion of 50 50. In the facts and circumstances of the case, however, we pass no order as to costs, while dismissing the appeals.
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1991 (2) TMI 424 - SUPREME COURT
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... ... ..... oceedings in the different High Courts abate; the suit in the Jabalpur High Court shall stand dismissed. The contempt proceedings now pending shall not be proceeded with. 16. In the course of arguments some criticism was advanced against the order of the High Court providing monthly remuneration to Mr. Justice Natarajan. We leave this aspect to be considered by Mr. Justice Natarajan himself and do not propose to deal with it in our order. 17. Before we leave this matter we would like to point that the Union of India should take greater interest in organising sports both for national and international purposes. Sports have a role to play in building up good citizens. That aspect should be kept in view. We have a feeling that while a lot of money is allotted for the purpose of improvement of sports, the result has been considerably poor and deceptive. We hope and trust that this aspect of the criticism heard from everywhere in this country shall also be given due consideration.
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1991 (2) TMI 423 - ITAT AHMEDABAD
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... ... ..... department. There is no room or scope for making any presumption about the estimated or hypothetical value of the diamond jewellery in question. It must be factually established that the real investment made by the assessee for purchase of the diamond jewellery in question was more than what was shown in the purchase invoices. The valuation report prepared by the Valuer of the department at the time of search cannot be made the basis for concluding that the assessee really spent more amount than what has been shown in the respective purchase bill and bill for labour charges. We are, therefore, of the considered view that the said addition cannot be sustained. The ITO is, therefore, directed to delete the addition of ₹ 46,232. 7.3 As regards interest charged under sections 139(8) and 215, no arguments were advanced before us by the learned counsel for the assessee. However, the ITO is directed to grant consequential relief. 8. In the result, the appeal is partly allowed.
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1991 (2) TMI 422 - DELHI HIGH COURT
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... ... ..... t an Arbitrator is appointed in the present case to determine the damages payable by Delhi Administration instead of making the petitioners run to the Civil Court for that purpose. We appoint Mr. T.V.R. Tatachari, former Chief Justice, Delhi High Court, as an Arbitrator who will enter upon the reference within four weeks of the communication of this order to him. He may make the Award within a period of four months thereafter. The Arbitrator will not be obliged to give reasons for his conclusions. The parties will be at liberty to produce their valuers before the Arbitrator for the assessment of damages, if they so desire. The petitioners as well as the Delhi Administration will pay a sum of ₹ 10,000.00 each to the Arbitrator as the initial payment towards his fees. A copy of this order he sent to the learned Arbitrator by the Registry. (13) The writ petition is allowed and disposed of with the above terms. Rule is made absolute with costs. Counsel fee ₹ 3,000.00.
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1991 (2) TMI 421 - KERALA HIGH COURT
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... ... ..... rmity with the above view taken on the legal aspect, the judgment of the Sessions Judge has to be upset. We do so. We set aside the judgment of the Sessions Judge, acquitting the accused. Having regard to the circumstances, the punishment awarded by the trial court appears to be adequate. We restore the conviction and sentence as indicated therein. Accused No. 1 is to undergo simple imprisonment for six months and also to pay a fine of ₹ 1,000/-. In default of payment of fine, he will undergo simple imprisonment for an additional period of two months. The conviction under Section 16(i)(a)(ii) read with Rule 50 of the PFA Rules and Rule 10 of the Kerala PFA Rules, convicting him to undergo simple imprisonment for three months and also to pay fine of ₹ 500/- with a further stipulation for simple imprisonment for one month in default of payment of fine, are also restored. The sentence of imprisonment will run concurrently. The criminal appeal is disposed of as above.
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1991 (2) TMI 420 - SC ORDER
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... ... ..... wamy, JJ. ORDER Appeal dismissed.
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1991 (2) TMI 419 - CALCUTTA HIGH COURT
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... ... ..... would cause irreparable injury to the other members of the family. 8. This was a case where the Supreme Court confirmed grant of temporary injunction in a pending suit. Ours is a case of granting of ad interim injunction. Having regard to the peculiar facts and circumstances of this case this Court should not find it difficult to confirm the order of ad interim injunction even in revision though normally the revisional Court will look to the justification of the limited order of ad interim injunction. In our case also the defendant has already entered into possession by virtue of a prior monthly tenancy. He is liable to be evicted by virtue of this injunction order in view of the decision of the Supreme Court. 9. In view of the foregoing reasons, 1 confirm the judgment and finding of the Court of Appeal below. The revisional application accordingly fails. This order shall not prejudice the trial Court in coming to his independent finding at the trial. 10. Revision dismissed.
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1991 (2) TMI 418 - BOMBAY HIGH COURT
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... ... ..... ny minor. Guardianship, custody and access to a minor are not sought only in matrimonial causes. Such reliefs may also be sought under the provisions of the Guardians and Wards Act, 1890, the Indian Lunacy Act, 1912 and the Hindu Minority and Guardianship Acl, 1956. It is far from clear whether Parliament intended that proceedings even under these statutes in relation to guardianship, custody or access to a minor should be filed before the Family Court if instituted by a member of the minor's family. 17. These matters did not directly arise before us; in the course of the arguments these, as also some other matters, were put to us as indicative of the scope of the said Act. We would be failing in our duty if we did not indicate such of these matters as cause us concern. 18. In the result, we answer the preliminary issue put to us thus. In the negative. 19. The suit shall now be placed before the learned single Judge for disposal in the ordinary course. Order accordingly.
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1991 (2) TMI 417 - DELHI HIGH COURT
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... ... ..... 10,000/ - to defendants 1 to 5. I further direct that the trial will henceforth proceed from the stage of framing of issues. No further issue on the preliminary objections raised by defendant No. 6 in his written statement shall be allowed. In fact it was conceded by Mr. Gupta that suit may be tried on the basis of the issues already framed. Defendant No. 6 has raised a preliminary objection that suit is barred by limitation without, however, giving any particulars as to how it is so. This objection is, therefore, overruled. Trial will proceed with utmost expedition. One date will be fixed before the Deputy Registrar for giving further opportunity to the parties to file documents and for their admission and denial. Thereafter, matter will be listed in Court for fixing dates of trial. 51. The applications are allowed in the terms abovementioned. Judgment and decree of date March 10, 1987 as well as ex parte proceedings against defendant No. 6 are set aside. Order accordingly.
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1991 (2) TMI 416 - DELHI HIGH COURT
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... ... ..... y me above, (18) Inasmuch as there is no distinction between the power of a Judge of the High Court on the original side to try the matter as civil suit, and as a Judge of the High Court of Delhi, sitting as a Company Judge to investigate questions of. tide, it. would be appropriate that the proceedings relating to questions of title are also determined by the Company Judge. (19) Learned counsel for the plaintiffs has not cited any single case which was filed as an original civil suit which relate to declaration of title to shares, and which was held to be maintainable. (20) In this view of the matter, in my view, the cognizance of suit relating to title to shares, is impliedly barred by section 9 of the Code of Civil Procedure. (21) In view of Order Vii Rule ll(d) of the Code of Civil Procedure, on reading of the plaint, since same relates to determination of right of title to shares in a limited company, the plaint is liable to be rejected, and the same is hereby rejected.
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1991 (2) TMI 415 - SUPREME COURT
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... ... ..... aspect which was not touched upon and which did not arise in the Indian tobacco case. There both the Central Act and the State Act purported to legislate in regard to the industry, namely, in regard to the production and manufacture of tobacco. 10. In view of our conclusion above, the State legislation would be quite valid unless it is repugnant to the provisions of a Central legislation on the subject. A perusal of the Central Act makes it clear that the pith and substance of the legislation is the Constitution of a silk Board for research into the scientific, technological and economic aspects of the industry. It does not have anything to do with the aspects covered by entry 33 in List III. There is, therefore, no infirmity in the legislation under consideration. In this view of the matter, we agree with the conclusion reached by the High Court. As this is the only point that was argued before us we dismiss the appeals and writ petitions but make no orders regarding costs.
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1991 (2) TMI 414 - GUJARAT HIGH COURT
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... ... ..... member of the Scheme or needy family members of the deceased member get the provident fund amount for their survival. Therefore it is provided that the nomination could only be in favour of the family members by the member of the Provident Fund Scheme; the member cannot nominate an outsider if he is having family, he can modify the nomination at any time; he cannot assign the provident fund amount or create charge over it and the provident fund amount is not liable to attachment under any decree or order of the Court. In the hands of the nominee also the said amount would be free from, any debt or other liability incurred by the deceased member or the nominee before the death of the member. 16. In view of the aforesaid discussion, in my view there is no substance in the contention raised by the learned Advocate for the appellant 17. In the result, the appeal is dismissed. But considering the question involved in the matter, there shall be no order as to costs of this appeal.
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1991 (2) TMI 413 - DELHI HIGH COURT
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... ... ..... pal Corporation Act, 1957 is a condition precedent for hearing or determination of the appeal but there is no restriction on filing the memorandum of appeal. However, mere filing of a memorandum of appeal shall not be construed as a valid and competent appeal for the purpose of S. 155(l) of the Delhi Municipal Corporation Act, 1957. (2) The District Judge has no discretion to grant stay of the disputed amount or dispense with the condition of pre-deposit of the amount in appeal, with or without conditions. Further the amount in dispute in appeal referred to in S. 170(b) of the Delhi Municipal Corporation Act, 1957 would mean the tax amount based on the whole amount of the rateable value. (3) The provisions of Section 170(b) of the Delhi Municipal Corporation Act, 1957 are intra vires the Constitution of India. 55. In the light of the above findings, the writ petitions are dismissed. However, in the circumstances of this case we make no order as to costs. Petitions dismissed.
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1991 (2) TMI 412 - SUPREME COURT
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... ... ..... lso preserve the special nature of the proceedings under section 31 and would not result in bringing about a fundamental alteration in the law laid down by this Court with regard to the nature of these proceedings as well as the general law whereunder a surety is to be treated on par with the principal debtor. For the reasons aforesaid, I am in agreement with the view of the Division Bench of the High Court on this question and I am unable to concur with the decision of my learned brother Ojha, J. I would, therefore, uphold the decision of the Division Bench of the High Court that the petition whereby the appellant had sought the relief of a money decree for payment of ₹ 15,87,391.20 paise against respondents 2 to 4 was not maintainable and the said relief could not be granted to the appellant in proceedings under section 31 of the Act. As a result, the petition filed by the appellant must be dismissed and for the same reason this appeal also must fail. Appeal allowed.
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1991 (2) TMI 411 - CEGAT NEW DELHI
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... ... ..... are having the same chemical structure and that it is used as a drug in pharmaceutical formulations. 12. Since PVP is a polymer, it follows that Povidone Iodine which is an adduct or complex of PVP with iodine is also not a chemical with a separately chemically defined formula. It continues to be a polymer, a chemically modified polymer. 13. In the above view of the matter, the appeal has no merit and is dismissed. We must, however, mention that the heading - 3904.40 - “other vinyl chloride copolymers” - under which the goods seem to have been classified and assessed does not seem appropriate as there is no chloride radical in the structural designation of PVC. Heading 39.05 seems more appropriate. The material on record, however, does not enable us to take a definite view in the matter. While, therefore, we do not wish to express any definite view on the correctness of the classification adopted by the Department, we see no merit in the appellants’ prayer.
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1991 (2) TMI 410 - SUPREME COURT
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... ... ..... urt on January 8, 1991 will continue to remain in operation till the review petition is decided by the High Court. However, it will be open for the High Court to vary or vacate the interim order on appropriate applications made to it by any of the parties or by any of the interveners here. If the review petition is not filed within the said period of four weeks, the appeal shall stand dismissed and all interim orders passed by us shall be deemed to be vacated. o p /o p In our opinion, the review petition deserves to be disposed of with expedition and we would, therefore, request the High Court to dispose of the review petition, if filed as aforestated, within four months from today and in any event, by the 30th September, 1991. o p /o p The matter shall now be placed before learned Chief Justice of the Bombay High Court for passing appropriate directions. o p /o p The appeal is disposed of as aforestated with no order as to costs. o p /o p V.P.R. Appeal disposed of. o p /o p
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