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Case Laws
Showing 1 to 20 of 259 Records
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1992 (8) TMI 310 - MADRAS HIGH COURT
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... ... ..... ink that the Family Court where the issue is pending shall not exercise its judicial discretion properly and shall not thus bestow all relevant considerations to the rights of the respondent-husband vis-a-vis that of the wife (appellant) as well as their liabilities and responsibility. It shall always be open to any of the parties including the respondent to move for appropriate directions before the Family Court where the suit for divorce in which a decree for custody of the child is sought for is pending. 24. In the result both the appeals are allowed and the impugned orders are set aside. Application No. 69 of 1992 is allowed and O.P. No. 694 of 1991 is stayed until the disposal of the suit in the Family Court at Bombay, viz., M. J. Petition No. A- 1744 of 1991. In so far as the relief as to the custody of the child is concerned Application No. 6404 of 1991 is dismissed. In the facts and circumstances of the case, there shall be no order as to costs. 25. Order accordingly.
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1992 (8) TMI 309 - BOMBAY HIGH COURT
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... ... ..... bank/applicant in the present case, even without giving notice to the non-applicant No. 2 and his wife. Even though the applicant had filed Special Darkhast No. 200 of 91, it could have moved the court for passing orders in respect of the amounts invested in TDR and RD accounts. However, the action of the applicant in keeping lien over both these accounts was unilateral and high-handed and even it is not befitting the authorities of the State Bank of India to do so. If such a thing would continue, perhaps in future the customer would lose his confidence in the bank and I am afraid that the days are not far off. 13. I have gone through the impugned order passed by the trial Judge and it is perfectly legal and correct and deserves to be maintained. There is no substance in the present civil revision application and it deserves to be dismissed with costs. 14. In the circumstances, the civil revision application is hereby dismissed with costs. Rule discharged. Revision dismissed.
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1992 (8) TMI 308 - PATNA HIGH COURT
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... ... ..... is no explanation as to why they did not act promptly and diligently thereafter. Taking steps to collect necessary papers/particulars in relation to the proposal charges for four years can hardly be said to be cogent explanation. Stretching the case of the respondents to its utmost limit in their favour, they have not explained as to what prevented them from initiation the proceeding and concluding the same after they were able to collect the particulars relating to the charges for further period of four years after 1987. In absence of any explanation for delay, we are inclined to agree with the submission of the learned counsel for the petitioner that the allegations have become stale by lapse of time and, therefore, disciplinary proceeding should not be allowed to continue in relation thereto. 5. In the result this application is allowed and the impugned order of the Settlement Officer, dated 26th of September, 1991 contained in Annexure 3, is quashed. Application allowed.
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1992 (8) TMI 307 - SC ORDER
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... ... ..... . Anand, JJ. ORDER Appeal dismissed.
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1992 (8) TMI 306 - MADRAS HIGH COURT
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... ... ..... n 123(e) of the Act, unaffected by the proviso, till 31.3.1982, it is not known how the appellant could be denied the benefit of such exemption from 1.4.1982. We have carefully perused the order passed by the respondent and we do not see any reason whatever for denying the benefit of exemption prayed for by the appellant. In the impugned order, it has also not been stated as to why the appellant is not entitled to the benefit of exemption from 1.4.1982, when it had enjoyed such a benefit till 31.3.1982. There is also no indication therein whether the character of the payments made by the patients taking treatment in the hospital underwent a change between 31.3.1982 and 1.4.1982 and in this view also, the refusal of exemption prayed for by the appellant cannot be upheld. We, therefore, allow the writ appeal with costs, setting aside the dismissal of W.P. No. 9701 of 1983 and that writ petition will stand allowed, as prayed for by the appellant. Counsel's fee ₹ 2,000.
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1992 (8) TMI 305 - SUPREME COURT
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... ... ..... ill issue appropriate direction to the authority concerned. If the real grievance of the respondent is against the initiation of criminal proceedings, and the orders passed and steps taken thereon, she must avail of the remedy under the general law including the Criminal Procedure Code. The High Court cannot allow the constitutional jurisdiction to be used for deciding disputes, for which remedies, under the general law, civil or criminal, are available. It is not intended to replace the ordinary remedies by way of a suit or application available to a litigant. The jurisdiction is special and extra-ordinary and should not be exercised casually or lightly. We, therefore, hold that the High Court was in error in issuing the impugned direction against the appellants by their judgment under appeal. The appeal is accordingly allowed, the impugned judgment is set aside and the writ petition of the respondents filed in the High Court is dismissed. There will be no order as to costs.
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1992 (8) TMI 304 - ITAT DELHI
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... ... ..... cannot be considered to be suppression because they were under the bonafide belief that value of straps is not includible . The learned advocate for the respondents, therefore, submits thai the allegation of suppression even in the last show cause notice does not stand. So far as the other show cause notices are concerned, he submits that they are partly time barred and partly within time. 4.6 It would not be appropriate for us to give any finding of fact as to which of the show cause notices are barred by lime and to what extent in the absence of any finding to that effect by the lower appellate authority. We, therefore, leave the matter as it is. 4.7 However, as stated by us earlier our finding in respect of the common point regarding deduction of ₹ 24/- by way of example in the case of TAPI Model, the findings on other points are merely of academic nature without effecting the result of the appeals. 5. In the light of the aforesaid discussion, the appeal is rejected.
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1992 (8) TMI 303 - ITAT MUMBAI
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... ... ..... e contrary the earlier observation regarding creation of inert atmosphere, itself ought to have led him to draw one and only one conclusion of the use of Nitrogen gas as "in relation to the manufacture." The Collector of Central Excise (Appeals) also appears to have erred in linking the use of Nitrogen gas by way of safeguard to the buffer vessel. It appears that the said authority has missed appreciating the undisputed factual position that it is because of the blanketing of Nitrogen gas that polymerisation of HCL is arrested. 10. In the result, therefore, with the use of Nitrogen gas as indicated, the same has to be taken as used in relation to manufacture of MMA Monomer and eligible to availment of credit vide Rule 57A of the Rules. The demand raised and the order confirming the same, therefore, cannot be sustained and has to be set aside. 11. The appeals are therefore allowed and orders of authorities below are set aside and the demand is ordered to be dropped.
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1992 (8) TMI 302 - ORISSA HIGH COURT
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... ... ..... s likely to frustrate the vary purpose for which the provision was enacted. Any hair spliting of facts , situation would not further ends of justice. True it is, the Court has to be satisfied about justifiable reason for non-appearance. But such matters cannot be weighed in golden scales. On the scales of justice and equity, the balance Sean heavily in favour of the appellant. Therefore, we set aside the order of learned Judge, Family Court rejecting the application for restoration. There is substance in the submission of the learned counsel for appellant that a proceeding Under Section 125 of the Code needs expeditious disposal. We direct that parties shall appear before learned Judge, Family Court without any further notice on 17-9-1992 when matter shall either be taken up by him or be adjourned to such dale as deemed fit and expedient. He would however do well to dispose of the proceeding as expaditiously as practicable before 1993 sets in. The appeal is allowed. I agree.
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1992 (8) TMI 301 - SUPREME COURT
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... ... ..... aspect as the matter is at the threshold of the investigation. 163. Therefore, we are constrained to set aside that statement, holding that the opinion of Justice Chawla in this regard has no legal effect or consequence. So far as the rest of the alleged illegalities are concerned, we straightaway say that those grounds are not available for suo moto exercise of power in the light of the well settled legal principles enunciated by this Court for the exercise of such powers. 164. In the result, we reiterate our earlier conclusion that we agree with the first part of the order dated 19.12.1990 of Mr. Justice M.K. Chawla but quash the later part of the impugned order taking suo moto congnizance under Sections 397, 401 read with 482 of the Code issuing show-cause notice to the CBI and the State. We make it clear that we do not express any opinion on the merits of the case including the legal tenability of the illegalities opined by Mr. Justice M.K. Chawla in bis impugned order.
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1992 (8) TMI 300 - SUPREME COURT
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... ... ..... whether it is merely material by which the allegations in the election petition are intended to be proved depends upon the facts and circumstances of each case and the nature and content of the pleadings and of the documents. No hard and fast test applicable to all cases can, or is possible to be laid down. Karunanidhi case7 did not depart from the principle laid down in earlier cases but merely illustrated one particular application of the rule to the facts of that case. The third contention is not substantial either. 26. In the result, the first point is held in favour of the appellant and the averments and allegations in paras 1 to 20 insofar as they relate to a period prior to April 23, 1991 re held incapable of amounting to allegations of corrupt practice. Whether they are relevant or admissible for other purposes is a matter which the High Court will decide at the appropriate time. The other two contentions are rejected. The appeal is disposed of accordingly. No costs.
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1992 (8) TMI 299 - SUPREME COURT
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... ... ..... . If the matter is viewed from this angle, that being the only view, we find no difficulty whatever in setting aside the impugned judgment which is accordingly set aside. Lastly, what is appealed to us by the respondent is sympathetic consideration. George Eliot said "More helpful than all wisdom or counsel is one draught of simple human pity that will not forsake us." Here is one draught from us. In the facts and circumstances of this case, we direct that her services may be continued till the end of this calendar year on the same terms as spelt out in the order dated 1.9.90. Of course, it would be open to the appellant to consider the regularisation of her services, should it so desire. In that event, this judgment will not stand in the way of such regularisation. However, we make it clear that it is not to be understood that we have directed the regularisation. The appeal is disposed of in the above terms. There shall be no order as to costs. Appeal disposed of.
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1992 (8) TMI 298 - SUPREME COURT
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... ... ..... ab shall follow the criteria and principles stated in the affidavit of Sri G.K. Bansal, Under Secretary to the Government of Punjab, Department of Personnel referred to in para 22 above. These directions shall not, however, apply to these Statutory/Public Corporations functioning within these States as are under the control of the Government of India. These Corporations will do well to evolve an appropriate policy of regularisation, in the light of this judgment, if they have not already evolved one, or make their existing policy consistent with this judgment to avoid litigation. 27. For the above reasons, all the appeals are allowed and the orders under appeal are set aside. The directions given by the High Court in the judgment in W.P. (C) No. 72.88 namely direction Nos. 1, 2, 3, 4, 6 and 8 are set aside. The only direction given here in with is the one contained in para 19. The writ petitions seeking the benefits given in the judgment under appeal are dismissed. No costs.
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1992 (8) TMI 297 - COMPANY LAW BOARD EASTERN REGION BENCH SPECIAL BENCH
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... ... ..... unds. We, therefore, allow the company to issue and allot 1,660 shares which we have declared invalid, to the existing shareholders on pro rata basis. If any of the shareholders are not willing to participate in the further issue of capital, the board of directors shall be free to offer and allot the shares to any person as they may think fit. The company shall make offer of allotment of shares by registered post with acknowledgment due to the existing shareholders within a fortnight from the date of receipt of this order and the willing members shall deposit value of shares with the company within a period of 45 (forty-five) days from the date of receipt of the offer from the company, failing which the directors shall be free to allot shares in any manner they like. 39. In the result, the petition is allowed with the observations above mentioned and the company shall make necessary rectification in the register of members accordingly. 40. There will be no order as to costs.
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1992 (8) TMI 296 - CALCUTTA HIGH COURT
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... ... ..... um dated 28th September, 1989 issued by the Joint Controller Reserve Bank of India, Exchange Control Department, Calcutta, and also the communication dated 13th January, 1990 issued by the Joint Controller, Reserve Bank of India, Exchange Control Department Calcutta. I further hold that the policy guidelines in the Book of Instructions followed by the Reserve Bank of India by which the foreign exchange are release for LL.B. Course leading to Honours degree only at Cambridge and Oxford Universities are ab initio bad and violative of Art. 14 of the Constitution. The Reserve Bank of India and the Union of India are directed to release foreign exchange to Mr. Pramit Kumar Ray, petitioner No. 2, son of Mr. Pranab Kumar Ray, petitioner No. 1, for pursuing his studies in LL.B. (Hons.) Degree Course at the University of Leeds within 30th September, 1992. 11. All parties to act on the signed xerox copies of the minutes of the Dictated Order on usual undertaking. 12. Petition allowed.
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1992 (8) TMI 295 - COMPANY LAW BOARD PRINCIAL BENCH, NEW DELHI
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... ... ..... rman in discharge of his function. He will call a meeting of the new board of directors as early as possible ; but not later than eight weeks from the date of receipt of the order and take possession of all the books of the company. He will also take steps to call an extraordinary general meeting of all the shareholders for the purpose of electing a new board of directors. 22. While the case was heard by three members including Shri A.M. Chakraborti, he was not present in the final stages of hearing and he ceased to be a member of the Company Law Board with effect from May 15, 1992. Regulation 4 of the Company Law Board Regulations, 1991, provides that the principal Bench will have not less than two members including the chairman and, therefore, in view of the aforesaid circumstances, this final order is being passed by the two member Bench. 23. Let a copy of this order be also served on all the directors and the independent chairman. 24. There will be no orders as to costs.
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1992 (8) TMI 294 - ANDHRA PRADESH HIGH COURT
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... ... ..... enedela Distilleries (P) Limited, AIR 1984 A.P. 274 in which it is held that the relief in the form of temporary mandatory injunction cannot be granted unless the plaintiff shows a clear right and a case of necessity and of extreme hardship and that the Court should exercise its jurisdiction of granting temporary mandatory injunction with greatest possible care and in cases where the remedy of damages is inadequate in the interests of justice. 11. The third objection is on the ground that the temporary injunction granted is very wide in its terms so as to completely prevent the defendants from transacting any business which is not permissible. The impugned order in effect prohibits the first defendant from making any production or to transact any business, which is not in the interests of the Company. 12. For all these reasons I allow the Appeal and set aside the temporary injunction granted by the lower court. I further direct each party to bear its own costs in the Appeal.
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1992 (8) TMI 293 - SUPREME COURT
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... ... ..... Section 47 of the CPC. It will be a serious question to consider whether in these circumstances the writ petitioner was entitled to maintain his application under Article 226 of the Constitution at all. We do not want to decide any of these controversies between the parties at this stage except holding that the orders passed in the contempt proceeding were not justified, being pre-mature, and must, therefore, be entirely ignored. The High Court should first take up the stay matter in the writ case, and dispose it of by an appropriate order. Only thereafter it shall proceed to consider whether the State and its authorities could be accused of being guilty of having committed contempt of Court. 7. Accordingly the appeal is allowed and the impugned judgment is set aside. The High Court may now proceed with the case in accordance with the observations made above. The respondent No. 1 shall pay the cost of this appeal to the appellant-State which are quantified at ₹ 5,000.
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1992 (8) TMI 292 - SUPREME COURT
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... ... ..... al process of discussion on the floor of each House of Parliament and resolution per majority. 75. The writ petition is accordingly allowed to the extent of the above declaration and we direct the Registrar General to address a letter to the Committee with a request to exclude the entire adverse evidence or record against the learned Judge placed either by M/s. George Fernandoz, Jaswant Singh or the Sub Committee on Judicial Accountability, except the one part of the record sent by the Speaker. In other respects, subject to the above declaration of law the writ petition stand dismissed. But in the circumstances, without costs. WRIT PETITION (C) No. 140 OF 1992 76. I am in complete agreement with my learned brother Verma, J. in his consideration of the writ petition of the petitioner. Therefore, there is nothing useful for me to add. The writ petition is accordingly dismissed but without costs. ORDER 77. This Writ Petition is dismissed in accordance with the majority opinion.
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1992 (8) TMI 291 - BOMBAY HIGH COURT
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... ... ..... 2, correctly. 26. In the present case, for reasons set out above we are of the view that the learned single Judge erred in holding that the appellant Bank is "State" under Art. 12. 27. Accordingly, we answer the (issue) which is referred to us as follows 28. A co-operative society, registered under the provisions of the Maharashtra Cooperative Societies Act, 1960 and under the Multi-State Co-operative Societies Act, 1984, which carries on the business of banking, and is therefore governed by the Banking Regulation Act, 1949 does not thereby fall within the expression "State" under Article 12 of the Constitution of India. The appellant bank cannot, therefore, be considered as "State" under Art. 12. 29. A writ cannot, therefore, be maintained against the appellant bank. This disposes of the entire appeal. Hence the appeal is allowed and the writ petition is dismissed. 30. In the circumstances there will be no order as to costs. 31. Appeal allowed.
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