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Case Laws
Showing 1 to 20 of 389 Records
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2000 (4) TMI 855 - SUPREME COURT
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... ... ..... on one ground or the other, the appeal against the said order is maintainable. In the present proceedings the question whether appeal under Section 19 is maintainable or not is not required to be decided finally as, in our view, facts of this case are grossly inadequate and the contempt proceedings were not required to be initiated at all. In any case, the unconditional apology tendered could have been accepted and further proceedings dropped and Rule ought to have been discharged. In the result, the appeal is allowed, the impugned order passed by the High Court issuing Rule in contempt proceedings is set aside. The First Appeal filed by the State is pending since 1988 and it has been contended by the State that the property which was acquired had already vested in the State Government, therefore, the High Court is requested to expedite the hearing of the First Appeal and dispose it of as early as possible. The appeals stand disposed of accordingly with no order as to costs.
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2000 (4) TMI 854 - SUPREME COURT
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... ... ..... giving any properties to her. 8. So far as the grievance regarding disinheritance of the husband of another co-testator Ummamma Amma was concerned, it has to be noted that even though she was suffering from cancer it could not be said that she was not in a sound disposing state of mind at the time of the Will. Even the husband had made no grievance at any stage nor was he staying with the wife who was living with her brother, the other co-testator. Secondly even though in probate proceedings public notice would have been issued the husband never had made such a grievance regarding this alleged disinheritance by his wife. The caveat or-wife of the other co-testator could not make a grievance on his behalf. 9. For all these reasons, therefore, it could not be said that the Will was of unnatural or was executed under any suspicious circumstances. Therefore, we are not inclined to interfere in these proceedings. The Civil Appeal is, therefore, dismissed with no order as to costs.
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2000 (4) TMI 853 - SUPREME COURT
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... ... ..... the direct recruitment quota, temporarily or on stop gap or ad hoc basis unless simultaneously proceedings are initiated for direct recruitment through the Service Commission. The Committee will recommend in what manner the direct recruitment could keep pace with promotions as contemplated by rules. (B) Similarly, the Committee will find out in which department the ad hoc/stop-gap promotees are languishing without their cases being referred to the Service Commission/DPC for regularisation within their quota. (C) The State of Jammu and Kashmir will ensure that no relaxation of basic recruitment rules is made for direct recruitment through P.S.C., or for purposes of regular promotions/ recruitment by transfer. The recommendations of the Committee referred to above may be considered by Government and implemented in accordance with the rules and in accordance with law without unreasonable delay. 86. The appeals are disposed of as stated above. There will be no order as to costs.
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2000 (4) TMI 852 - SUPREME COURT
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... ... ..... ce custody after the expiry of the first 15 days even in a case where some more offences, either serious or other wise committed by an accused in the same transaction come to light at a later stage. The Bench, however clarified that the bar did not apply if the same arrested accused was involved in some other or different case arising out of a different transaction, in which event the period of remand needs to be considered in respect to each of such cases. The impugned order of the High Court under the circumstances, cannot be sustained. The direction to grant police remand for a period of seven days by the High Court is, accordingly, set aside. The appeal, therefore, succeeds and is allowed to the extent indicated above. 6. The appellant is stated to be in judicial custody. In case, he applies for bail, his application for bail shall be considered on merits and what we have stated hereinabove, shall not be construed as an expression of any opinion on the merits of the case.
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2000 (4) TMI 851 - SUPREME COURT
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... ... ..... ot entitled to possession in terms of the decree. The decree, therefore, itself directed its execution after the execution of the sale deed in favour of the decree-holder. The decree-holder has been proved to have filed successive applications for the execution of the decree within the period of limitation. The language of Article 136 cannot be strained in favour of the judgment-debtors who have been found to have not availed of the benefits of decree conferred upon them as they are proved to have failed to pay the amount even in installment. The decree in the instant case is not capable of any other interpretation. As a general rule the executing court should not find ways to dismiss the execution application as barred by time unless it is established, beyond doubt, that such an application was beyond limitation. 9. We find no infirmity in the order of the High Court requiring interference in this appeal. The appeal is accordingly dismissed but without any order as to costs.
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2000 (4) TMI 850 - SUPREME COURT
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... ... ..... ate machinery. Each trial should be properly monitored. Time has come that all the courts, direct courts, subordinate courts are linked to the High Court with a computer and a proper check is made on the adjournments and recording of evidence. The Bar Council of India and the State Bar Councils must play their part and lend their support to put the criminal system back on its trial. Perjury has also become a way of life in the law courts. A trial judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint. Perhaps law needs amendment to Clause (b) of Section 340(3) of the CrPC in this respect as the High Court can direct any officer to file a complaint. To get rid of the evil of perjury, the court should resort to the use of the provisions of law as contained in Chapter XXVI of the CrPC.
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2000 (4) TMI 849 - SUPREME COURT
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... ... ..... ner considered the very question raised in the suit as to nature of the suit property and held that it is private property and having concluded as public charity or endowment that conclusion became final. 7. In the present case, there is no allegation that the Deputy Commissioner had acted contrary to the provisions of the Act or not having followed the fundamental principles of judicial procedure. On the other hand, the Deputy Commissioner having followed the due procedure made the order and that order could have been challenged as provided under Section 78 of the Act by way of a suit or by an appeal. When neither of these courses was adopted, the order made by the authority in its special jurisdiction must be held to be conclusive and final. 8. In the circumstances, the view taken by the High Court appears to us to be correct and does not call for interference. In the result, the appeals are dismissed but in the circumstances of the case there shall be no order as to costs.
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2000 (4) TMI 848 - SUPREME COURT
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... ... ..... s which form the gravamen of the allegations contained in the complaint lodged by the respondent. In such circumstances, it cannot but be held that the acts complained of by the respondent against the appellant have a reasonable nexus with the official duty of the appellant. It follows, therefore, that the appellant is entitled to the immunity from criminal proceedings without sanction provided under Section 197 Cr.P.C. Therefore, the High Court erred in holding that Section 197 Cr.P.C. is not applicable in the case. Accordingly, the appeal is allowed. The order dated 9th May, 1999 passed by the High Court of Patna in Criminal Misc No. 23755 of 1998 is set aside and the cognizance order passed by the learned Magistrate is quashed. It is made clear that this order will not prevent the authority concerned from taking necessary steps to obtain sanction from the competent authority as required under Section 197 Cr.P.C. and, thereafter proceed in the matter in accordance with law.
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2000 (4) TMI 847 - GUJARAT HIGH COURT
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... ... ..... trial court uses the phrase "legal dues" in the context of the cheque in question, it only meant, and it could only mean that the amount of the cheque did not represent "in whole or in part of any debt or other liability" of the drawer to the drawee. 12. In my opinion, the judgement and order of acquittal is eminently justified not only on the facts of the case, but in view of the interpretation of section 138 of the Negotiable Instruments Act as expressed by me hereinabove. This view expressed by me gets support from a decision of the Andhra Pradesh High Court in the case of Voruganti Chinna Gopaiah v. M/s Godavari Fertilizers & Chemicals Ltd., reported in 1999 CLJ1184, wherein the facts of the case are almost identical. 13. In the premises aforesaid I find that the judgement and order of acquittal impugned in the present appeal is eminently sustainable, and that therefore there is no substance in the present appeal. The same is accordingly dismissed.
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2000 (4) TMI 846 - SUPREME COURT
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... ... ..... High Court were patently wrong in observing that the CBI was required to obtain sanction from the prosecuting authority before approaching the Court for accepting the report under Section 173(2) Cr.PC for discharge of the respondent." It is worthy of notice that even when law required that prosecution could be commenced only with the sanction of the authority concerned this Court took the stand that such Sanctioning Authority is not a consultee of the investigating officer to form his opinion regarding the final shape of investigation. The position in the present case is even much lighter and hence the investigating officer cannot be directed to be influenced by the opinion of the Public Prosecutor. The High Court has committed an illegality in directing the final report to be taken back and to file a fresh report incorporating the opinion of the Public Prosecutor. Such an order cannot stand legal scrutiny and hence we allow this appeal and set aside the impugned order.
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2000 (4) TMI 845 - SC ORDER
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... ... ..... DER Delay condoned. The Civil Appeal is dismissed.
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2000 (4) TMI 844 - SC ORDER
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... ... ..... Patil, JJ. ORDER Appeal dismissed.
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2000 (4) TMI 843 - SUPREME COURT
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... ... ..... t pursuant to sale of shed No.15, to the Debt Recovery Tribunal, Delhi and it will be for the said Tribunal to find out if there are any workmen's dues by issuing notice to the workmen or other persons/bodies which can furnish information in this behalf. The above monies to be sent from this Court as well as the monies realised by earlier sales,- in case they are not subject to any pending litigation - have to be first released towards the workmen's dues. The balance remaining will then be released in favour of the appellant Bank in accordance with law and subject to the various principles stated in this judgment. In case any machinery or goods pledged to the Canara Bank are lying in the two other sheds already sold, it will be open to the Canara Bank to move the Tribunal/Recovery Officer for their removal and for an inventory. The impugned order of the High Court is set aside, the appeal is allowed and disposed of as stated above. There will be no order as to costs.
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2000 (4) TMI 842 - ITAT DELHI
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... ... ..... Per contra, the ld. counsel for the assessee reiterated what has been stated before the lower authorities. 50. We have carefully perused the orders of the authorities below. We find that in the case relied upon by the ld. DR, the assessee itself has included the companies having turnover of more than ₹ 14000 crores. Since in that case the assessee did not adhere to the quantification filter, Infosys was included. Moreover, we find that, that assessee company was engaged in the provision of software development services whereas the appellant in hand is purely a captive service provider to its parent company. We, therefore, do not find any error or infirmity in the findings of the ld. CIT(A). The appeal of the Revenue is dismissed. 51. In the result, the appeal of the assessee in ITA No. 1542/DEL/2015 is partly allowed for statistical purposes whereas the appeal of the Revenue in ITA No. 1608/DEL/2015 is dismissed. The order is pronounced in the open court on 27.01.2020.
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2000 (4) TMI 841 - SUPREME COURT
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... ... ..... nal written statement would not settle the dispute or solve the problem but unfortunately will become the basis of new litigation between the States which is surely likely to adversely affect their inhabitants resulting in the wastage of the waters of Krishna which otherwise has been found in abundance. It is hoped that as and when action is initiated upon our judgment, the Tribunal or the authority appointed in consequence thereof, for the purposes shall expedite the matter and ensure that the most precious gift of nature - water and the public money is not wasted in uncalled for, avoidable and imaginary litigation. It is not disputed that in the absence of the Reservoir System under Scheme B as formulated by the Tribunal, a lot of water of Krishna is wasted and permitted to submerge in the Bay of Bengal. Let better sense prevail upon all concerned to ensure the safety of the river and proper utilisation of its water for the benefit of inhabitants of the Krishna River Basin.
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2000 (4) TMI 840 - BOMBAY HIGH COURT
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... ... ..... urged is that no link was established between the Arab Dhow and the said trawler. In clandestine activity, direct evidence may not, normally be available and the conclusion has to be drawn on the basis of facts and circumstances of each case. In the cases under consideration, Arab dhow was intercepted near Fort Aguada from where 207 silver ingots were recovered and the trawler was waiting in order to transport the same. On the basis of circumstances on record, the two Courts below have been satisfied that the link between the Arab Dhow and the said trawler had been duly established. The said concurrent findings are based on material on record and cannot, by any stretch of imagination, be said to be perverse so as to call for interference in the exercise of revisional jurisdiction of this Court. 11. For the aforesaid reasons there is absolutely no merit in any of the Revision Applications and the Revision Applications are summarily rejected. 12. Revision application dismissed.
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2000 (4) TMI 839 - SUPREME COURT
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... ... ..... ey holder of the petitioner is also a resident of Vadodara itself. The respondent Insurance Company has its own branch office at Vadodara and, therefore, it would be convenient for the respondent for resisting the claim.1 3. For these reasons, we deem it just and proper to allow the transfer prayed for. Accordingly, we order MACP No. 499 of 1993 titled as Dolly Kantibhai Patel v. Balu Tukaram Auhad pending before MACT, Nasik (Maharashtra) to be transferred to the Principal MACT, Vadodara. The application for impleading legal heirs of Respondent 2 can be followed up before the transferee court. 4. Hence this transfer petition is allowed.
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2000 (4) TMI 838 - SC ORDER
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... ... ..... ORDER Delay condoned. The Civil Appeal is dismissed.
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2000 (4) TMI 837 - SUPREME COURT
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... ... ..... f the leamed counsel for the appellant that the memorandum of second appeal itself reveals that he has preferred appeal against both the appellate orders where it records both appeals, case No. 237 of 1977 and 93 of 1978. Hence High Court was not right in holding that no appeal was preferred. Leamed counsel for the respondent could not dispute this but submits that no second appeal lies against the appellate order in the proceedings for the grant of Succession Certificate, only a revision lies. However, it is not necessary for us to go into this question as this is for the appellants to make such submission as permissible under the law and it is for the respondent to raise such objection, as he deemed fit and proper in this regard. In view of the aforesaid findings we set aside the High Court order dated 26th September, 1989 and remand the case to it for deciding afresh on merits, the second appeal, in accordance with law. The present appeal is allowed. Costs on the parties.
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2000 (4) TMI 836 - COMPANY LAW BOARD
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... ... ..... e respondents have siphoned off the funds of the company. The respondents have made counter allegations that the petitioners had collected money on behalf of the company and had not accounted for the same. The allegations from both the sides are devoid of full particulars/materials. In view of this, we do not propose to deal with these allegations. 11. The petition is disposed of with the finding that the allotment of 180 shares is void and that the petitioner-directors have not vacated their office as directors in terms of Section 283(1)(g). Accordingly, we direct the company to rectify the register of members by deleting the names of those to whom shares were allotted on 15.9.1997 and refund the money invested by them in the shares. We also direct that the 1st and the 2nd petitioners should be given notices for all the board meetings of the company by registered post with sufficient notice period. The same directions will hold good in respect of general body meetings also.
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