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Case Laws
Showing 1 to 20 of 186 Records
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1992 (12) TMI 239 - SUPREME COURT
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... ... ..... d been entered between the parties that Court has to decide whether the agreement or compromise in question was lawful and not void or voidable under the Indian Contract Act. If the agreement or the compromise itself is fraudulent then it shall be deemed to be void within the meaning of the explanation to the proviso to Rule 3 and as such not lawful. The learned Subordinate Judge was perfectly justified in entertaining the application filed on behalf of the appellant and considering the question as to whether there had been a lawful agreement or compromise on the basis of which the Court could have recorded such agreement or compromise on 27.2.1991. Having come to the conclusion on the material produced that the compromise was not lawful within the meaning of Rule 3, there was no option left except to recall that order. 16. Accordingly the appeal is allowed. The order passed by the High Court is set aside. In the circumstances of the case, there shall be no order as to costs.
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1992 (12) TMI 238 - SUPREME COURT
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... ... ..... made in the above noted appeals in this Court. Should the High Court find, after hearing both sides, that any or all of the appellants in this case are senior to the ones who had been appointed and are continuing in service, as a result of the orders made in the aforesaid appeals and are otherwise qualified in all respects according to the scheme existing prior to 1991 Rules, it shall direct the State Government to appoint such teachers, in relaxation of the age bar wherever applicable. Civil Appeal No. 3217/91 is therefore allowed and the judgment of the High Court is set aside and the matter is remitted to the High Court for decision on the question of seniority and grant of relief in the terms indicated hereinabove. As a result of the above discussion CA 3216/91 and WP 911/91 fail and are dismissed. CA 2082/91; CA Nos. 3218-3220/91; CA 3217/91 and CA 4254/91 are allowed to the extent and in the terms indicated in the judgment. There shall, however, be no order as to costs.
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1992 (12) TMI 237 - SUPREME COURT
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... ... ..... officials should have resorted to scrutiny of the cheque under ultraviolet ray lamp by way of additional precaution and by not taking such extra precaution the bank may be held guilty of negligence. We do not think that there was any justification for the courts below to proceed to the footing that the Bank had failed to take reasonable care in passing the cheque for payment. without subjecting it for further scrutiny under ultraviolet ray lamp because the branch was on the outskirt of the metropolitan city of Bombay and in an industrial area where such forgery was rampant, particularly when other branches of the appellant-Bank were provided with such lamp. We, therefore, allow this appeal, set aside the judgment and decree passed in the suit since affirmed by the court of appeal below and also by the High Court. In the facts of the case, we, however, decree the suit only for the principal amount without any interest on the same. There will be, however, no order as to costs.
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1992 (12) TMI 236 - SUPREME COURT
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... ... ..... g to the said plot No. 30, block 'K', sanctioned plan and completion certificates from Municipal Corporation of Delhi in respect of the superstructure built on the said plot shall be handed over alongwith the vacant possession of first floor by 30.9.1971. You know that 30.9.1971 is fast approaching and your clientess is still to comply with these requirements besides mentioned in para No. 2 and 3 of the agreement. I, therefore, call upon you to advise your clientess to comply with the requirements will before 30.9.71 or latest by 30.9.71 and obtain the further part consideration of ₹ 98,000 from my clientess. 30. Therefore, even as late as 24.9.71 the plaintiff was never willing to make the payment of ₹ 98,000. In this connection, we have already seen the oral evidence. It shows there was no readiness and willingness We are in agreement with the conclusion of the Division Bench. 31. In view of the foregoing discussion, civil appeal is dismissed with costs.
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1992 (12) TMI 235 - RAJASTHAN HIGH COURT
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... ... ..... in dismissing the departmental appeals only on the ground that the decision given in the case of Surendra Pratap Jaiswal by the AAC was not challenged by the revenue. There maybe number of reasons for not challenging the judgment and it maybe negligence, carelessness, connivance, mistake or the like on the part of the authorities in not taking timely action or it may be that after examining the case the department was of the view that the matter should not further be challenged. Since no reason has been given even before the Tribunal, it could not be said that the department was estopped from challenging the order and more particularly when the dispute was pending in the High Court. Accordingly, the reference is answered in favour of the revenue and against the assessee and it is held that the Tribunal was not justified in dismissing the department's appeals. The Tribunal shall hear the matter afresh and shall pass the orders in accordance with law. No order as to costs.
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1992 (12) TMI 234 - SUPREME COURT
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... ... ..... that the petitioner was not a party to the proceeding. 24. A perusal of the news item does not spell out any reference to the case of corruption or its proceeding pending before this Court. In the alleged contemptuous statement (Annexure 'A') only the view of the reporter is mentioned as if Ch. Bhajan Lal had perhaps been provoked about the proceedings of the case before the Supreme Court. In fact, the Civil Appeal No. 5412/90 itself has been disposed of on 21st November, 1990 and LA. No. 1/91 is filed in the above main Civil Appeal after its disposal, even though Contempt Petition No. 7/89 has been filed before the disposal of the case. Be that as it may, as we do not see any reason much less compelling reasons to issue suo moto notice to Ch. Bhajan Lal for contempt of court for the reasons mentioned above, as we feel that this petition is liable to be dismissed. 25. In the result, I.A. Nos. 1 and 2 of 1991 and Contempt Petition No. 7 of 1989 are dismissed. No costs.
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1992 (12) TMI 233 - SUPREME COURT
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... ... ..... owth of commerce and above all inculcates respect for the efficacy of judicial adjudication. Before granting or refusing to grant of relief of declaration or injunction or both the court must weigh pros and cons in each case, consider the facts and circumstances in its proper perspective and exercise discretion with circumspection to further the ends of justice. From the back-drop fact situation we have no hesitation to hold that the relief of declaration granted is unjust and illegal. It tended to impede free flow of capital, thwarted the growth of mercantile business and deflected the course of justice. 25. Though the appellate court had exercised its discretion which the Trial Court negated it, in the light of the facts and circumstances of the case this is a fit case for interference. The appeal is accordingly allowed. The judgment and decree of the appellate court are reversed and the decree of the single Judge is restored and suit stands dismissed with costs throughout.
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1992 (12) TMI 232 - KERALA HIGH COURT
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... ... ..... ysical presence from the building during intermittent periods less than six months in duration will not rouse the presumption of cessation of his occupation and law does not accept the tenant to be under the roof of his rented building all the 24 hours of the day and all the 365 days in the year. He proceeded to observe farther thus "However, his physical absence therefrom continuously for six months will arouse the presumption that he has ceased to occupy the building and that he has abandoned it. Once this presumption arises, the onus is on the tenant to dislodge the same by establishing his defector intention to possess it for the purpose for which it is let to him...". I am in respectful agreement with the aforesaid observations which lead support to the scope of the phrase "ceases to occupy" understood by me in the context of the provision. Thus, the contentions urged before me are insufficient to interfere. Accordingly original petition is dismissed.
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1992 (12) TMI 231 - ITAT DELHI
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... ... ..... be taken as the date of purchase even though conveyance was given after expiry of one year from the date of sale of residential flat, and the mere fact that the major part of the consideration was paid after the expiry of one year would not disentitle the assessee from exemption under section 54. Accordingly, the order of the Commissioner was vacated." 12. A perusal of the aforesaid judgment particularly of the Hon'ble Andhra Pradesh High Court upholding the decision of the Tribunal and of the Hon'ble Supreme Court particularly the former case which is identical with the facts of the instant case would reveal that the issue involved herein is squarely covered by its ratio decidendi. 13. In this view of the matter we quash the orders impugned before us by granting relief to the assessee as prayed in the main ground of appeal as a result of which the alternative ground of appeal becomes infructuous. 14. In the result, the appeal of the assessee is allowed hereby.
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1992 (12) TMI 230 - BOMBAY HIGH COURT
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... ... ..... s/attorneys particularly in case of non-resident clients combining the two roles is opposed to law and is required to be discontinued forthwith. (c) The Prothonotary and Senior Master, High Court shall not accept any vakalatnama in favour of a firm of advocates where one or the other partner of the same firm also holds a power of attorney from the plaintiff or the defendant or any other suitor before the Court in the same cause. 16. I cannot part with this proceedings without expressing my gratitude to the Bar Council of Maharashtra and Goa. The Born-bay Incorporated Law Society and to all the learned counsel who have assisted the Court by their research and submissions on the subject of considerable importance to the legal profession. The Bar Council of Maharashtra and Goa and the Bombay Incorporated Law Society are required to bring the substance of this Order to the notice of their members as far as practicable. 17. Issue of certified copy is expedited. Order accordingly.
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1992 (12) TMI 229 - ANDHRA PRADESH HIGH COURT
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... ... ..... these issues that the Company Petition No. 11 of 1983 is maintainable in spite of the pendency of the aforesaid suit and other legal proceedings pending in the lower courts. 76. However, in view of my finding on issue No. 3 which is fatal for the main tenability of C.P. No. 11 of 1983, I hold that there is no necessity to deal with the other issues in C.P. No. 11 of 1983. Issue No. 8 in C.P. No. 6 of 1983 77. In view of my finding on issue No. 3, I allow Company Petition No. 6 of 1983 with costs by passing a preliminary decree for dissolution of partnership and settlement of accounts of the respondent-company among the partners of the firm PEC as per the shares enumerated in Exh. A-5 Partnership Deed. The petitioner shall be at liberty to file a petition for passing of final decree. Issue No. 15 in C.P. No. 11 of 1983 78. In view of my finding on issue No. 3, this company petition is dismissed as not maintainable. I direct each party to bear its costs in C.P. No. 11 of 1983.
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1992 (12) TMI 228 - BOMBAY HIGH COURT
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... ... ..... e Succession Certificate expeditiously. The Prothonotary and Senior Master shall take adequate care for investment of the amounts in issue as the petitioner is a minor. The Prothonotary and Senior Master shall also address a letter to the Central Bank of India enquiring from the Central Bank of India as to what are other amounts like gratuity etc. which are lying to the credit of the deceased employee. If necessary, permission be granted to amend the schedule to the petition. 19. The Prothonatory and Senior Master shall endeavor to issue the Succession Certificate to the petitioner by January 31, 1993, as far as possible. In the event of there being any difficulty, report be made to this Court for extension of time. 20. In view of the complicity of the law points involved, there will be no order as to costs. 21. The Prothonatory and Senior Master to act on ordinary copy of this order duly authenticated by the Associate of this Court. 22. Issue of certified copy is expedited.
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1992 (12) TMI 227 - SUPREME COURT
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... ... ..... ot qualified on the date of application should be placed as junior to respondents who had applied earlier and were qualified. The order of the High Court, in my opinion, is manifestly unjust. Once the eligibility bar was lifted by the High Court, for whatever reason may be as said by it due to passage of time or because of erroneous application of Rule 37 of the Public Service Commission Rules, the appellants who were subjected to same interview as the respondents and were found better qualified and secured higher marks, could not be placed junior to others. The equity does not know the half way. Once the appellants were held to be eligible may be not strictly under law but on equitable considerations, then it was wholly unjust to place them junior and under those who in the same examination secured lesser marks. 23. I would, therefore, in agreement with Brother Thommen, J., allow the appeals, set aside the order passed by the High Court and restore that of the Single Judge.
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1992 (12) TMI 226 - SUPREME COURT
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... ... ..... conomic life we will have inequality. In politics we will be recognizing the principle of one man, one vote and one vote, one value, In our social and economic life we shall, by reason of our social and economic structure, continue to deny the principle of one man, one value. How long shall we continue to life this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which we have so laboriously built up. This salutary message is the torch bearer and beacon light in the administration of the law under the act and other social legislations. 40. Accordingly, I agree with my brother on the conviction and sentences imposed on the respondents and the appeal is accordingly allowed.
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1992 (12) TMI 225 - ALLAHABAD HIGH COURT
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... ... ..... 11 Lakhs. If the sale could not drop from ₹ 8,86,473/- in the preceding year to ₹ 5 Lakhs in the year under consideration, how they could jump to 11 Lakhs. In my view the two factors mentioned by the learned Tribunal were insignificant in the circumstances of the present case in which the goods are being sold to a big manufacturer like M/s. Mohan Meakin Limited. Under the Sales Tax Act what is taxable is the sale and whether the purchase are verifiable and whether there is unexplained drop in the sale could be relevant only where the sale are also unverifiable. In the present case, no situation has been made out on the record to suspect the correctness of sales. The learned Tribunal erroneously set aside the order passed by the Assistant Commissioner (Judicial) Sales Tax, the revision is, therefore, allowed and the order passed by the Tribunal is hereby annulled The order passed by the Assistant Commissioner (Judicial) Sales Tax is restored. Costs on the parties.
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1992 (12) TMI 224 - SUPREME COURT
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... ... ..... icts with the principles of natural justice. 17. For the above reasons we are of the view that the learned judge in the High Court was in error in holding that the proceedings before the Enquiry Officer were vitiated as violative of the principles of natural justice and in setting aside the dismissal order. We are of the opinion that the Enquiry Officer was legally justified in refusing the workman's agent Talraja from participating in the domestic enquiry. The workman's action in withdrawing from the proceedings was ill-advised We, therefore, allow this appeal and set aside the impugned order of the High Court. Consequently the order remanding the case to the Labour Court for disposal on merits must also be set aside and any order made by the Labour Court will be void and inoperative. If the Labour Court has not disposed of the case, it will forthwith drop the proceedings as infructuous. In the facts and circumstances of the case, there will be no order as to costs.
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1992 (12) TMI 223 - SUPREME COURT
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... ... ..... r, wish to indicate that the High Court was not right in dismissing the review petition on the ground that in view of special leave petition having been filed against the judgment sought to be reviewed, the review petition was no longer maintainable because the judgment of the High Court would merge in the order of this Court. The question regarding merger of the judgment under review in the order of this Court would have arisen only after this Court had considered the special leave petition on merits and had passed an order on the matters dealt with in the judgment of the High Court dated July 23, 1987. Till such an order was passed by this Court, it was competent for the High Court to review its judgment dated July 23, 1987 and the review petition could not be dismissed as not maintainable merely because special leave petition had been filed against the said judgment before this Court and was pending. The special leave petition is dismissed with the aforesaid observations.
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1992 (12) TMI 222 - SUPREME COURT
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... ... ..... ugned order. They will be deemed to be holding the posts of Auditor throughout for purpose of their seniority and other benefits. 11. Coming to the case of P. Gangireddy, the appellant in the third appeal, as already stated above, he had initially been appointed as a Lower Division Clerk. By the impugned order he has been reverted from the post of Auditor to the post of Lower Division Clerk by way of punishment. As he had been appointed to the post of Lower Division Clerk from which post he was promoted to the post of Upper Division Assistant/Auditor, the plea available to the other two appellants is not available to him. By way of punishment certainly he could have been reverted from the higher post of Upper Division Assistant/Auditor to the posts of Lower Division Clerk which post he held before his promotion. In that view of the matter there is no merit in his appeal and it is accordingly dismissed. But in the circumstances of the case there shall be no order as to costs.
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1992 (12) TMI 221 - DELHI HIGH COURT
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... ... ..... e ITO to pass the assessment order never ceased, irrespective of the fact whether s. 144B was complied with or not. 19. The third case in which similar view has been taken is that of Prabhudayal Amichand vs. CIT (1989) 180 ITR 84(MP), wherein it was observed by the Madhya Pradesh High Court that the Tribunal rightly directed the ITO to pass a fresh order of penalty when the order levying penalty had been set aside on the ground that the ITO had not obtained the approval of the IAC prior to the levy of the penalty. The present case is analogous to Prabhudayal's case and the only conclusion which can follow is that non-compliance with the provisions of s. 144B only results in a procedural irregularity and the order which is passed, while ignoring the said provisions of s. 144B cannot be regarded as a nullity. 20. For the aforesaid reasons I will answer the question of law which is referred in the affirmative and in favour of the Revenue. There will be no order as to costs.
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1992 (12) TMI 220 - SUPREME COURT
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... ... ..... he return from the land to the owner thereof. In other words, it is graded on the basis of the rental which the land will fetch to the land owner. The rental will certainly differ from use to use to which the land is put as well as with the location of the land. The land in city or town like Ahmedabad and available for industrial use is bound to fetch more rental than the land put to the same use in a village. In fact, if irrespective of their locations, the lands are assessed at the same rate for the purposes of the land revenue, such assessment will fall foul of Article 14 of the Constitution. The assessment so made has no relation to the actual rental derived by the land owner. The rentals derived have relation only to the gradations of the land made and the assessment levied on the basis of such gradations into low income and high income yielding lands. We are, therefore, unable to appreciate this argument either. 23. Hence, the appeals fail and are dismissed with costs.
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