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Showing 1 to 20 of 443 Records
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1996 (2) TMI 600 - BOMBAY HIGH COURT
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... ... ..... es in the share market provides a larger reliable index of the assets of the company. 41. Hence, we accept the contention of learned counsel for the petitioners that valuation under article 25(1) of Schedule I on the instrument of the amalgamation scheme sanctioned by the court, after due verification, is to be determined by the stamp authority only on the basis of the price of the shares allotted to the transferor-company or other consideration, if paid, but not by separately valuing the assets and the liabilities. 42. In view of the aforesaid discussions, these petitions praying that section 2(g)(iv) read with article 25 of Schedule I to the Bombay Stamp Act be declared as unconstitutional and ultra vires the Constitution are dismissed. Rule in each of the petitions is discharged with no order as to costs. Interim reliefs stand vacated. 43. However, at the request of learned counsel for the petitioners, interim reliefs granted by this court to continue up to April 20, 1996.
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1996 (2) TMI 599 - SUPREME COURT
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... ... ..... e impugned order of dismissal. Hence, denial of the opportunity to the employer to lead evidence before the Tribunal in support of the order of dismissal cannot be justified. 8. In that view of the matter, the impugned Judgment cannot be sustained and the same is set aside. It will be open to the parties to lead such evidence as they may deem proper before the Industrial Tribunal where the matter is to be re-heard. Since the proceeding is pending for a long, we direct that the proceeding before the tribunal should be completed as early as practicable, but not beyond six months from the date of communication of this order. In order to expedite the proceeding before the Tribunal we direct that the appellant Bharat Forge Ltd. may lead such further evidence as the said company may desire within a period of two months from today and the workmen may also lead evidence if they so desire within one month thereafter. The appeal is accordingly disposed of without any order as to costs.
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1996 (2) TMI 598 - SUPREME COURT
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... ... ..... made out a, prima facie, case for cheating, breach of trust and forgery, the High Court proceeded to consider the version of the respondents given out in their petition filed under Section 482, Cr.P.C. vis-a-vis that of the appellant and entered into the debatable area of deciding which of the version was true, - a course wholly impermissible. 15. We accordingly hold that the High Court has committed grave error of law in quashing the F.I.R. The High Court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under Section 482. Cr.P.C. or under Articles 226 and 227 of the Constitution, as the case may be, and allow the law to take its own course. 16. The appeal is accordingly allowed. The order of the High Court is set aside. Investigating Officer is directed to complete the investigation within four weeks from the date of the receipt of this order and the appropriate Court would dispose of the case within six months therefrom.
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1996 (2) TMI 597 - SUPREME COURT
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... ... ..... to some extent, the personal liberty of an undertrial accused for the sake of protecting the community and the nation against terrorist and disruptive activities or other activities harmful to society, it is all the more necessary that investigation of such crimes is done efficiently and an adequate number of Designated Courts are set up to bring to book persons accused of such serious crimes. This is the only way in which society can be protected against harmful activities. This would also ensure that persons ultimately found innocent are not unnecessarily kept in jail for long period. It is unfortunate that none of the States to whom notices have been issued by us nor the Union of India, have come forward to state that they would set up an adequate number of Designated Courts in each State so that cases pertaining to TADA can be speedily disposed of. This has necessitated the above other as a one-time measure. 18. With the above directions, the writ petition is disposed of.
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1996 (2) TMI 596 - BOMBAY HIGH COURT
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... ... ..... discrepancies in the timing of apprehension or discrepancies in the timing of panchnama etc. do not merit consideration at this stage. It may also be mentioned that the Customs Officer has recorded the statement of the petitioner where he has made a confession of the whole things. Such a statement recorded by the Customs Officer is admissible in evidence. Prima facie, it shows the involvement of the petitioner in a serious crime for which he is now being prosecuted. In addition to this I may also point out the application is being pressed now nearly 1 1/2 years after the arrest of the petitioner. I do not find that any case is made out for grant of bail to the petitioner, particularly having regard to the gravity of the offence and restricted power of bail in view of Section 37 of the N.D.P.S. Act. 10. in the result, the application/petition is dismissed. The trial Court is directed to expedite the trial of the case since the petitioner is in custody. 11. Petition dismissed.
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1996 (2) TMI 595 - SUPREME COURT
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... ... ..... er the operation which led to peritonitis, the fact remains that Dr. Divan was an employee of respondent No. 1 and the State must be held to be vicariously liable for the negligent acts of its employees working in the said hospital. The claim of the appellants cannot be defeated merely because it may not have been conclusively proved as to which of the doctors employed by the State in the hospital or other staff acted negligently which caused the death of Chandrikabai. Once death by negligence in the hospital is established, as in the case here, the State would be liable to pay the damages. In our opinion, therefore; the High Court clearly fell in error in reversing the judgment of the trial court and in dismissing the appellants' suit. 18. For the aforesaid reasons, this appeal is allowed, the judgment of the High Court of Bombay under appeal is set aside and the judgment and decree of the trial court is restored. The appellants will also be entitled to costs throughout.
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1996 (2) TMI 594 - BOMBAY HIGH COURT
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... ... ..... e of the cheque because when cheque is drawn in discharge of a pecuniary liability, it can be always presumed that there exists an account in the Bank in the name of a drawer. This presumption, however, cannot be displaced by misusing cheque facility after closing the account. In such circumstances the drawer of the cheque is not only liable under Section 138 of the Negotiable Instruments Act, but also under Banking Regulation Act. At any stretch of reasoning, it cannot be said that such misuser of cheque is not liable under Section 138 of the Negotiable Instruments Act. To hold otherwise will render the whole object of the legislation infructuous. 10. In view of the above discussion, I find no reason to interfere with the judgment of the Court below. Closure of account will come under the purview of Section 138 of the Negotiable Instrument Act. 11. The Criminal Revision Application is dismissed. There shall be no order as to costs. Rule discharged. 12. Application dismissed.
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1996 (2) TMI 593 - SUPREME COURT
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... ... ..... Court is considered and enforceability of the Court's order is not permitted to be diluted. In the facts of the case, we feel that the contempt petition should be disposed of within a period of three months from the date of the communication of this order and we order accordingly. It is further directed that before disposal of the contempt petition, the pending appeal should not be taken up for hearing. The appeal is accordingly disposed of.
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1996 (2) TMI 592 - SUPREME COURT
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... ... ..... present, the section lays down a condition that the persons must be litigating bona fide and the fulfilment of this condition is necessary for the applicability of the section. 13. Thus it could be held that the Sangh having been duly represented in the previous proceedings and conducted the litigation on behalf of the Sangh bona fide and were unsuccessful in the suit, no one on behalf of the Sang can lay any objection in the executive nor plead nullity of the decree. The doctrine of res judicata prohibited the members of the Sangh to obstruct the execution of the decree. The decree of ejectment binds every member of the Sangh and, therefore, the appellant is entitled to have the decree executed and possession taken. 14. The appeal is accordingly allowed and the respondents are directed to deliver the vacant possession of the premises within six months from today. In default, the appellant is entitled to have the decree executed through the assistance of the police. No cost.
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1996 (2) TMI 591 - MADRAS HIGH COURT
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... ... ..... y of the whole litigation between the parties herein. On the other hand, a new type of legal battle will be erupted, perhaps, in the pretext of the permission of the Court, which in my considered view, cannot at all be permitted. No material is available to show that in the long passage of time, the petitioner was not having the custody of the said document or the new fact, nor he was deprived of the said material. It is, therefore, under the circumstances, in my considered view, the petitioner is clearly not in the teeth of O. 47, R. 1(c) of the Code of Civil Procedure and for the said reasonings given above, the petitioner cannot have an escape and he has lost his last attempt in furthering the litigation any more. 10. In the result, for having identified no grounds or merits, the petition for review has necessarily to fail and accordingly, it is dismissed. However there will be no order as to costs for either of the parties, under the circumstances. 11. Petition dismissed.
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1996 (2) TMI 590 - PATNA HIGH COURT
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... ... ..... from the banker of the petitioner-company is liable to. be refunded to it. Since the first two questions have been decided in favour of the petitioner-company. I do not find it necessary to deal with the other questions raised in this case by learned Counsel appearing on behalf of the petitioners; as such, I refrain myself from deciding the same. 22. For the foregoing reasons, the writ application is allowed, proceeding taken by the officers of the Commercial Taxes Department, Government of Bihar, of recovery of the amount of surcharge under the provisions of the Act from the petitioner-company and orders of attachment, contained in Annexures 4, 5 and 6, are hereby quashed. Respondents-State of Bihar and its officers are directed to refund aforesaid sum of ₹ 20,04,361.81 paise to the petitioner-company within a period of three months from today. In the circumstances of the case. I direct that the parties shall bear their own costs. Ashish Narain Trivedi, J. 23. I agree.
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1996 (2) TMI 589 - SUPREME COURT
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... ... ..... e often than not, demonstrative of the legislative purpose. So viewed, the intendment of the statute is furthered if an ex-employee too is held entitled to seek relief under Section 20(2) of the Act. Thus on the afore-analysis, we allow these appeals, set aside the impugned order of the High Court and remit the matters back to it for decision on other points, which allegedly arose in the matter, as asserted by learned counsel for the respondent Army School. We have otherwise no doubt that other points did arise in these matters because the writ petitions were virtually First Appeals in disguise, since the orders of the Authority under the Minimum Wages Act were neither appealable nor revisable in any other fora. The High Court should now dispose of these remitted matters most expeditiously. Any interim orders which prevailed in the High Court during the pendency of the writ petitions would automatically stand revived. Ordered accordingly. There shall be no order as to costs.
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1996 (2) TMI 588 - SUPREME COURT
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... ... ..... ess. The bar of Section 195 is to take cognizance of the offences covered thereunder. 13. It is seen that in this case cognizance was taken by the criminal Court on September 27, 1983 and the original agreement appears to have been filed in the civil Court on February 9, 1984 - long after cognizance was taken by the Magistrate. It is settled law that once cognizance is taken, two courses are open to the Magistrate, namely, either to discharge the accused if the evidence does not disclose the offence or to acquit of the accused after the full trial. Unless either of the two courses is taken and orders passed, the cognizance duly taken cannot be set at naught. In this case since cognizance was already taken before filing of the document in the civil Court and the original has not been filed before cognizance was taken, the High Court was right in directing that the Magistrate is at liberty to proceed with the trial of the criminal case. 14. The appeal is accordingly dismissed.
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1996 (2) TMI 587 - PATNA HIGH COURT
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... ... ..... rotection of the tenant. The view taken by me does not defeat the said object as it does not cause injustice to the tenant, on the other hand, it effectuates the purpose of Section 15 of the Act. 33. Coming to the facts of this case, it is evident that the plaintiff in the suit has claimed arrears of rent for the period to the institution of the suit from Feb. 1980 to June, 1983. He has filed an application under Section 15 of the Act for depositing the aforesaid arrears of rent. The arrears of rent, claimed is within the period of limitation from the date of filing of the suit and is legally recoverable and, as such, the Court has rightly passed the impugned order which does not suffer from any jurisdictional error requiring interference by this Court. 34. In the result, there is no merit in this application and the same is dismissed. In the facts and circumstances, there shall be no order as to costs. B.N. Agrawal, J. 35. I entirely agree. S.K. Homchoudhari, J. 36. I agree.
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1996 (2) TMI 586 - KERALA HIGH COURT
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... ... ..... n the most appropriate manner. In the decision cited before us (supra) , an attempt to rely on the decision of the Bombay High Court in J.S. Parkar v. V.B. Palekar 1974 94 ITR 616 appears to have been made and the decision is held to be distinguishable because the commodity in the Bombay case was contraband gold at not merely cash as in the present case. We have taken the trouble of going through the 90 page judgment of the Bombay High Court. In fact the general approach with regard to the raising of presumption referred to by us in the earlier part of the judgment is borrowed by us from the decision of the Bombay High Court. All that we can state is that the said judgment should not have been brushed aside in such a manner. The result of the above discussion is that we find it wholly unnecessary to exercise our powers under section 256(2) or any kind of direction with regard to the question sought to be directed in this petition. Petition stands dismissed. Order accordingly.
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1996 (2) TMI 585 - MADHYA PRADESH HIGH COURT
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... ... ..... h the directions issued to him by the Inspecting Assistant Commissioner under section 144B. The Tribunal was not right in setting aside the order of the Commissioner of Income-tax." 9. In view of the aforesaid trite position of law, we hold that the Tribunal was not right in holding that the Commissioner lacked jurisdiction to revise under section 263 an assessment order passed by the ITO in accordance with the directions issued to him by the IAC under section 144B. 10. In view of the explanation, which is clarificatory in nature and thus curative and in view of the decisions mentioned aforesaid, we hold that the Tribunal was not right. 11. Accordingly, we answer the question in the negative, i.e., in favour of the revenue and against the assessee. 12. The question is answered accordingly. 13. The reference application is decided in terms indicated above but without any order as to costs. 14. Counsel fee for the applicant is, however, fixed at ₹ 750, if certified.
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1996 (2) TMI 584 - SUPREME COURT
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... ... ..... on the part of their units and agencies. The idea of an environmental audit by specialist bodies created on a permanent basis with power to inspect, check and take necessary action not only against erring industries but also against erring officers may be considered. The idea of an environmental audit conducted periodically and certified annually, by specialists in the field, duly recognised, can also be considered. The ultimate idea is to integrate and balance the concern for environment with the need for industrialisation and technological progress. Respondents 4 to 8 shall pay a sum of Rupees fifty thousand by way of costs to the petitioner which had to fight this litigation over a period of over six years with its own means. Voluntary bodies, like the petitioner, deserve encouragement wherever their actions are found to be in furtherance of public interest. The said sum shall be deposited in this Court within two weeks from today. It shall be paid over to the petitioner.
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1996 (2) TMI 583 - SUPREME COURT
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... ... ..... page to support the pipe for drawing water. as admitted by the autopsy surgeon (P.W.1) in his cross-examination. 8.We would, therefore, accept the defence version that a false case not instituted on 31st March - the death being on 27th - on which date the FIR of the present case was filed, stating about causing of death of Vidya on failure to meet the demand of dowry. Though P.Ws.2 and 5, who are the parents of Vidya, have mentioned about this demand, we are of inclined to place reliance on this piece of evidence on the face of what Tarachand, a brother of the deceased, had stated on 28th March about their being no illwill between the two families. It is because of this that the parents had first accepted the death due to accident, as mentioned in the inquest report, which was prepared by police which came to the scene pursuant to the information given by the respondent himself on the morning of 28th about the mishap. 9, The appeal has thus no merit and it stands dismissed.
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1996 (2) TMI 582 - MADRAS HIGH COURT
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... ... ..... that what was paid to the employees is loan and not bonus. Under such circumstances, we answer the question referred to us in the negative and in favour of the Department. No costs. (5-2-1996) -This tax case came up for hearing on being mentioned. Learned counsel appearing for the assessee submitted that the decision of this court in T. C. No. 1054 of 1981, dated January 19, 1994, and the decision in T. C. No. 185 of 1982, dated February 17, 1994, supports the case put forward by the assessee. We have carefully gone through the abovesaid two decisions. They are rendered on the facts available on record. But in so far as the present case in concerned, there is no evidence on record to show that the assessee decided not to recover the sum paid as bonus. Accordingly, those decisions would render no asistance to the assessee to put forward his case. Accordingly, the earlier order passed by us dated January 9, 1996, in T. C. No. 1080 of 1980 would stand without any modification.
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1996 (2) TMI 581 - SUPREME COURT
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... ... ..... the post per rules The appeals are accordingly allowed. C.A. No. 3387/96 ( SLP (C) No. 2593/94) Leave granted. The facts of this case are that the respondent was selected on regular basis as substitute to Extra- Departmental Packer at Calicut. While he was working, recruitment was made by calling the names from the Employment Exchange. Since his same was not sponsored, he was terminated from employment. In view of the reasoning given above, he being temporary working candidate, he cannot get any right; however, his case is directed to be considered along with other candidates and if he is found eligible, he may be considered and appointed according to the Rules. The appeal is allowed. C.A. Nos. 3385-86 of 1996 SLP Nos. 587-88/92 Leave granted. Delay condoned. Though the principle of law laid down hereinbefore is settled since the respondent has been working since 1983, we decline to interfere with the order passed by the Tribunal. Appeals are accordingly dismissed. No costs.
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