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Case Laws
Showing 1 to 20 of 419 Records
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1997 (8) TMI 544 - SUPREME COURT
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... ... ..... also did not contend either before the High Court or in the grounds of appeal before us that a cut-off date for grant of pensionary benefits is arbitrary or unreasonable. Even otherwise in view of the fact that study team was first appointed and pursuant to its report certain benefits were given after considering the report of the study group would show that the cut-off date had a logical nexus with the decision to grant these benefits on the basis of the report of the study team. Fresh financial benefits which are conferred also have to be based on proper estimates of financial outlay required. Bearing in mind all relevant factors, if such a benefit is conferred from a given date, such conferment of benefits from a given date-cannot be considered as arbitrary or unreasonable, 6. The appeal is, therefore, allowed. The judgment and order of the High Court is set aside and the writ petition filed before the High Court is dismissed. There will, however, be no order as to costs.
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1997 (8) TMI 543 - DELHI HIGH COURT
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... ... ..... of likelihood of tampering with the prosecution evidence cancan be taken care of by imposing necessary conditions and the breach whereof may expose the petitioner to the consequence/risk of cancellation of bail. (9) In the result, the relief under Section 439, Criminal Procedure Code . is granted. The petitioner accused Sushil Ansal, on his furnishing surety for the amount of ₹ 25,000.00 and personal bond in the like sum to the satisfaction of the Metropolitan Magistrate concerned, is ordered to the released on bail in F.I.R. No. 432 of 1997, P.S. Hauz Khas, New Delhi pending the trial on conditions that the accused shall not tamper with the prosecution evidence, in any manner, directly or indirectly, and shall not leave the limits of the National Capital Territory of Delhi without the prior permission of the Trial Court. (10) Petition disposed of as granted. (11) None of the above observations should be construed to mean expression of opinion on the merits of the case.
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1997 (8) TMI 542 - SC ORDER
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... ... ..... not come in the way of the petitioners urging their contentions before the departmental authorities.
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1997 (8) TMI 541 - SUPREME COURT
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... ... ..... ch touch a right in existence at the passing to the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment'. As the aforesaid provision is purely procedural in nature, It cannot. be gainsaid that it could have retrospective effect. Consequently, the connection is well made out and must be accepted. We, therefore, hold that Section 45B can be pressed in service to effect recovery of unpaid contributions when the contributions nave remained unpaid since prior to the coming into force of Section 45B and have throughout also remained unpaid. Consequently, notices issued in the present case against the respondent could not be said to be unauthorised or incompetent. The appeal is accordingly, allowed, The judgment and order of the High Court as well as that of the Employees Insurance Court, Allahabad are set aside. The respondent's application before the Employees Insurance Court is disposed of in aforesaid terms. No costs.
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1997 (8) TMI 540 - ANDHRA PRADESH HIGH COURT
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... ... ..... y business of the firm before filing a complaint with regard to the dishonour of cheque issued on behalf of the firm particularly when a notice contemplated under section 138(b) of the Act was complied with. The same view was taken by the Delhi High Court in a decision Smt. Renu Vohra v. Shreyans Paper Mills Limited 1993 (2) Crimes 1145 and also by the Punjab and Haryana High Court in a decision Anita v. Anilk Mehra 1996 (1) Crimes 412. 14. Therefore, in the light of the foregoing discussion, it emerges that the liability of the petitioners 3 to 5 depends upon whether they are incharge and responsible for the conduct of the day today business of the first petitioner firm and no notice need be issued to each of the partners before filing the complaint for the dishonour of the cheque issued on behalf of the first petitioner firm. The petitioners are not entitled to the relief sought for. 15. In the result, the petition fails and is accordingly dismissed. 16. Petition dismissed.
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1997 (8) TMI 539 - GUJARAT HIGH COURT
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... ... ..... ly. For making out the allegation of constructive liability, either there has to be sharing of common intention, as provided in Section 34 of I.P.C. or common object, as per Sections 149, 120-B, if there is allegation of conspiracy and allegations of abetment, if made, as per Sections 107 to 114. In absence of any of these evidences, mere holding of post of Director in a Company cannot make an accused responsible for the alleged offences. 28. The provisions of the Companies Act, as made in Section 5, clearly identify, could be the officer held to be in default. Either for offence under the Companies Act or for offence under the Indian Penal Code, for the aforesaid reasons, nothing is to be found in the complaint prima facie against the accused. 29. The petitions are, therefore, required to be allowed. They are accordingly allowed. The complaints filed against the petitioners-accused are quashed. The process issued is ordered to be set aside. Rule is made absolute accordingly.
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1997 (8) TMI 538 - DELHI HIGH COURT
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... ... ..... ch runs into 3 pages was in his own handwriting and it also makes a mention about the warning that the statement can be used adversely against him in a Court of Law. 20. For the aforesaid reasons, we are of the view that the impugned judgment acquitting the respondent cannot be sustained. Accordingly, we allow the appeal, set aside the judgment of the Trial Court and convict the accused of charge of having committed an offence punishable under Section 20(b) (ii) of NDPS Act, the prosecution having successfully proved that the respondent attempted to illegally export 975 grams of hashish out of India in contravention of Section 8(c) of the Act and the accused committed an offence punishable under Section 28 read with Section 23 of the Act. In view of above, the respondent is sentenced to undergo rigorous imprisonment for ten (10) years and shall also be liable to pay fine of rupees one lakh and shall undergo further rigorous imprisonment of one year on failure to pay the fine.
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1997 (8) TMI 537 - RAJASTHAN HIGH COURT
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... ... ..... e applicable for the purposes of recording the evidence of a dumb witness. I am of the view that a deaf witness may also be examined in the same manner, provisions contained in Section 119 of the Indian Evidence Act may be invoked in the instant case which provide thus -- "A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence." 10. In view of the aforesaid observations I do not see any good reason to interfere in the finding arrived at by the learned trial Court. There is no jurisdictional error in the impugned order and if it is allowed to stand, it would not occasion failure of justice. The trial Court under Section 118 of the Evidence Act has rightly considered the matter. 11. In the result the revision fails and is hereby dismissed with no order as to costs.
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1997 (8) TMI 536 - SUPREME COURT
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... ... ..... a corroborative piece of evidence which the learned Sessions judge excluded from consideration and in our view erroneously. 14. In this view of the matter it must be held that apart from the reliable testimony of the prosecutrix herself there has been sufficient corroborative pieces of evidence on which the High Court has relied upon in setting aside the order of acquittal passed by the learned Sessions Judge, In our view on the evidence on record the conclusion is irresistible that the prosecution has been able to establish the charge of attempt to commit rape beyond all reasonable doubts and consequently the conviction and sentence passed by the High Court does not require any interference by this Court. 15. This appeal is accordingly dismissed. The bail bond stands cancelled and the accused is directed to surrender for serving the balance period of sentence failing which appropriate steps be taken for arresting the accused and put him into custody for serving the sentence.
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1997 (8) TMI 535 - SUPREME COURT
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... ... ..... this point in favour of granting anticipatory bail to the respondent. 12. The most glaring feature which even the respondent did not repudiate is the magnitude of the criminal conspiracy hatched, the ingenuity with which the cabal was orchestrated and the meticulousness with which it was implemented and the colossal amount of foreign exchange siphoned off from the country. It is not disputed that whomsoever perpetrated this grave economic offence deserves to be dealt with sternly under law. 13. When the learned Single Judge himself felt, after going through the records in this case, that the materials already collected were capable of stretching accusing finger towards the respondent, it was not at all a proper exercise of the discretion by favouring him with an order of anticipatory bail under Section 438 of the Code. 14. For the aforesaid reasons we allow this appeal, upset the impugned order and dismiss the application of the respondent filed under Section 438 of the Code.
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1997 (8) TMI 534 - CALCUTTA HIGH COURT
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... ... ..... highly vexed and requires an authoritative pronouncement by a larger Bench, after a more detailed and sustained consideration and examination. I am saying so because the issues involved in this case not only touch upon a very important and substantive question of law but also has the potential of affecting other identical matters in future. Reference to a larger Bench for hearing seems all the more imperative and important because there is no earlier precedent which can be relied upon while deciding the issues involved, either by way of any High Court judgment or the pronouncement by the Apex Court. 6. I am, therefore, of the opinion that this case, for the foregoing reasons, should be heard by a larger Bench. I, therefore, direct that this file be placed before the Hon’ble acting Chief Justice for His Lordship’s kind consideration to refer this case for hearing before a larger Bench in view the questions of law as involved and as mentioned in the foregoing paras.
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1997 (8) TMI 533 - SUPREME COURT
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... ... ..... nal order dated 11-11-1982 and the consequential order of 18-11-1982 passed by the Custodian were justified on merits or not. In the result, these appeals are allowed to the aforesaid extent only and the common order passed by the High Court is set aside and all the three writ petitions are restored to the file of the High Court with a request to consider the legality and propriety of the impugned orders dated 11-11-1982 and 18-11-1982 passed by the Custodian of Evacuee Property and as approved by the Assistant Custodian General of Evacuee Property. It is made clear that we express no opinion on the merits of these orders. They will have to be examined by the High Court on their own merits. As the remanded proceedings would obviously be old proceedings of 1985 and 1987, the High Court is requested to dispose them of in accordance with law as expeditiously as possible preferably within a period of 4 months from the receipt of a copy of this order at the end of the High Court.
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1997 (8) TMI 532 - SC ORDER
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... ... ..... etition and connected papers. We find no merit in this petition. It is accordingly dismissed.
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1997 (8) TMI 531 - SC ORDER
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... ... ..... g the delay of 309 days. The I.As are dismissed. The appeals are also dismissed on the ground of delay.
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1997 (8) TMI 530 - DELHI HIGH COURT
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... ... ..... chose to adopt a particular name or get up is always highly relevant. It is a question which calls for an answer. (29) Learned Single Judge, thus, in the impugned order rightly remarked that it was for the defendant to have shown as to how and in what manner it had shown the said photographs on the label of the product and how the word Cleanzo had been coined, since the word Cleanzo is not available in the dictionary. Prima facie the plaintiff was the prior user of the mark. The defendant started using the same much later. There being no answer to the question, the clarification ought not to have been issued. In these circumstances, the plaintiff's appeal deserves to be allowed and that of the defendant's deserves rejection. (30) Consequently Fao 48/96 is allowed and Fao 98/96 is dismissed with costs. Resultantly the impugned order is modified. The defendant is further restrained from using, in any manner, the trademark Cleanzo in any form whatsoever on its product.
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1997 (8) TMI 529 - SUPREME COURT
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... ... ..... ng there being no deemed confirmation (at p. 562) (of SCC) (at p. 56 of AIR SCW) are obviously made with reference to the initial period of 2 years. This case cannot also help the respondents. For the aforesaid reasons, this appeal is allowed and the judgments of the High Court are set aside and the writ petition of the appellant is allowed. The termination order is set aside and it will be deemed that the appellant's services were confirmed on the expiry of 4 years of probation as Civil Judge i.e. w.e.f. 22-5-1990 and the appellant is reinstated into service w.e.f. 22-5-1990 and will be entitled to all arrears of emoluments from the date of termination, namely, 8-11-1993 upto the date of reinstatement and he shall also be entitled to all consequential benefits, in accordance with law. It will be open to the respondents to hold a departmental enquiry and terminate his services or otherwise punish him if charges are proved against him. There shall be no order as to costs.
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1997 (8) TMI 528 - PUNJAB-HARYANA HIGH COURT
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... ... ..... . Union of India, 1984 (2) All India Cri LR 130, is also not applicable to the facts of this case. In that case representation was made by the detenu to the Central Government which was ultimately rejected by the Central Government at Delhi. It was only in that situation it was held that the Delhi High Court had got jurisdiction to entertain the writ petition. 25. After going through all the judgments cited by both the parties, I find that by mere arrest of the detenu in Punjab, when the detention order has been passed at Mumbai, the detention order and grounds of detention were also served in the State of Maharashtra and his prejudicial activities also concerned with that State, no cause of action even in part arose within the jurisdiction of this Court. Consequently, I hold that this petition is not maintainable in this High Court as this High Court has got no jurisdiction to entertain the same. 26. Resultantly, this petition is dismissed on the point of jurisdiction only.
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1997 (8) TMI 527 - HIGH COURT OF CALCUTTA
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... ... ..... aracter, by an investigation in public." There is a very old and familiar proverb about throwing plenty of mud, which applies very much to these charges made by members of the same family, or members of the same partnership, against one another in public. It must be an injury, as a rule, to the person charged with fraud to have it published, and I must say that I am by no means satisfied that the mere desire of the person charging the fraud is sufficient reason for the Court refusing to send the case to arbitration." The aforesaid observations of the learned Master of Rolls has been followed and applied by our Courts including the Supreme Court. 20. At the conclusion of hearing the learned Counsel filed their respective Notes of Argument and Supplementary Notes of Argument and they have been directed to be kept on records. 21. For the foregoing reasons, this application must fail and the same is accordingly dismissed. 22. There will however be no order as to costs.
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1997 (8) TMI 526 - BOMBAY HIGH COURT
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... ... ..... into India. We are, therefore, of the view that even if the detenu was on bail since 8th January, 1996, if the detaining authority had material before it to record its satisfaction that it was necessary to detain him with a view to preventing him from indulging in future in similar prejudicial activities, no objection can be taken to such a course of action. As stated in the Grounds of Detention if the nexus has been established, if the live link had not snapped, if on the past conduct which indicates the repetition of smuggling activities, a reasonable prognosis can be reached about the future conduct of the detenu, as has been done in the present case, the Order of Detention cannot be objected to. In our view, therefore, there is no merit in the last contention raised by Ms. Mane. 36. Accordingly, we find that there is no merit in any of the five contentions raised by Ms. Mane. The petition must, therefore, fail. The rule is accordingly discharged. 37. Petition dismissed.
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1997 (8) TMI 525 - BOMBAY HIGH COURT
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... ... ..... ll transmit or retransmit through a cable service any advertisement unless such advertisement, is in conformity with the prescribed advertisement Code. The proviso, however, states that this section would not apply to programmes of foreign satellite channels which can be received without the use of any specialised gadgets or decoder. In view of Section 6 the advertisements contained in the broadcast of the third plaintiffs need not be in conformity with the advertisement Code By substituting their own advertisements through the plaintiffs programme, the defendants can effectively not comply with the advertisement Code on the ground that these are through the programme of foreign satellite channels. They can thus commit a breach of the Indian law. 32. In our opinion, the plaintiffs have made out a strong prima facie case. Even the balance of convenience lies in favour of the plaintiffs. 33. In the result, the appeal is dismissed. No order as to costs. Application is rejected.
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