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Case Laws
Showing 1 to 20 of 587 Records
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2004 (4) TMI 665 - CALCUTTA HIGH COURT
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... ... ..... rom the date of communication of this order. 67. In my view, Receiver appointed by this Court earlier has not been paid reasonable remuneration. She has been paid merely 350 Gms. I think such remuneration is not commensurate to the labour she has put in. Therefore, she shall be paid final remuneration assessed at 600 Gms, to be paid by Mr. Joy Saha's client because at his instance Receiver was appointed and did satisfactory job by finding out the assets, properties and also the other things. Such remuneration shall be paid within a fortnight from date. Upon receiving such payment, she will stand discharged. Filing of accounts is disposed with. 68. Administrator and/or concerned Bank, Receiver and all parties concerned are to act on a signed copy of the minutes of this order. 69. Lex xeroxed signed copy of this order is made available to the parties only after putting in requisition for drawing up and completion of the order and also for the Xeroxed certified copy thereof.
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2004 (4) TMI 664 - CESTAT MUMBAI
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... ... ..... authorities. Without explaining the reasons for not attending the personal hearing, they can not demand that they ought to have been granted a chance for further hearing. 6. The Counsel for the appellants pleads for leniency on the ground that the unit was a small-scale unit and the entire work was handled by the Managing Director. So far as this prayer is concerned, I note that this is a case of clear-cut evasion of duty. When caught, the usual plea of being a small-scale unit and being run as a one-man show are taken to seek soft approach. The law is not different for small or big units. There could be a case of showing leniency where it comes on record that there was an error in account keeping which was due to lack of knowledge of law or procedure or on account of a bona fide belief. In this case no such grounds are urged or are visible. In the circumstances, no interference is called for in the orders passed by the lower authorities. 7. Accordingly I reject the appeals.
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2004 (4) TMI 663 - SIKKIM HIGH COURT
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... ... ..... t and the deceased engaged in discussion and on return he found the appellant standing at the door-step of the room by holding the bamphok and the deceased lying dead in a pool of blood. There is no reason as to why P.W. 1 would falsely implicate the appellant. The Investigation Officer P.W. 19 arrived at the spot soon after receipt of the information from P.W. 1 and took the appellant to the police station where his wearing apparels (grey pant Exhibit II and coffee colour vest Exhibit III) were seized in the presence of P.Ws. 10 and 11 (vide seizure list Exhibit P4). The serologist's report (Exhibit P 12) indicates that the 'cuttings' of the pant and the vest contained human blood. Taking into consideration the totality of the above circumstances, we have no hesitation to hold that it was the appellant who assaulted the deceased to death. 12. In the result, we do not find any merit in this appeal which is accordingly dismissed. N. SURJAMANI SINGH, J. 13. I agree.
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2004 (4) TMI 662 - MADRAS HIGH COURT
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... ... ..... ough the personal diary of the victim contained certain materials which proves the conduct of the appellant herein, the evidentiary value of that cannot be considered at this stage in the petition to suspend the execution of sentence of imprisonment. Further it cannot be said that the Court may not reduce the sentence of imprisonment of ten years RI at the conclusion of appeal. When that be so, while there is a possibility and also a likelihood for reduction of sentence in appeal there is no impediment for the suspension of sentence pending appeal. Hence, the execution of sentence of imprisonment is suspended pending appeal. 11. The sentence shall be suspended and the appellant shall be released on bail on his executing a bond for Rs. 10,000/- with two sureties for a like sum to the satisfaction of Mahalir Needhi Mandram, Chennai and on condition that the appellant shall intimate the Judge of that Court when he goes abroad and to appear once in three months before that Court.
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2004 (4) TMI 661 - SUPREME COURT
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... ... ..... an clear lot of cobwebs of doubt. The expression is cannot be construed to be a fleeting presence, though it may not necessarily for considerable length of time as the expression resides may require. Although the expression normally refers to the present, often it has a future meaning. It may also have a past signification as in the sense of has been . (See F.S. Gandhi (Dead) by LRs. v. Commissioner of Wealth Tax, Allahabad 1990 18ITR34(SC) ). The true intention has to be contextually culled out. 16. In the circumstances we direct the transfer of the case to the Sessions Division of Patna, with the direction that the learned Session Judge may pass appropriate orders so that the matter can be placed before the court of competent jurisdiction. We make it clear that we have not expressed any opinion on the merits of the case and/or on the truth or otherwise of the allegations relating to political influence or pressure as alleged. 17. We allow the appeal to the extent indicated.
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2004 (4) TMI 660 - KARNATAKA HIGH COURT
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... ... ..... assuming that the first defendant was within the scope to deal with the properties, therefore, the transaction binds the plaintiff. 23. It is a case of the first defendant playing fraud against his principal and also against the defendants 2 and 3. In such a case, the equity should favour and remedy the grievance of the third party and not the principal, who may also be a victim of fraud, since, the principal by his own actions and lapses allowed a situation of this kind to occur. 24. In view of the facts and circumstances stated above, I find that the plaintiff has failed to prove the acts of fraud on the part of defendants 2 and 3. The provisions of Section 237 of the Indian Contract Act would apply, the sale affected under Exs. P. 1 and P. 2 would bind the plaintiff. The judgment and decree of the Trial Court is confirmed although not for the reasons stated therein but for the reasons stated above. Accordingly, the appeal is dismissed. The parties to bear their own costs.
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2004 (4) TMI 659 - SC ORDER
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... ... ..... l leave petition is dismissed. During the pendency of this SLP we had directed that the interest that has accrued should be deposited in the name of the Registrar General of this Court. We direct that the said amount shall be transferred to the first respondent’s account in U.K. the details of which will be given by the first respondent.
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2004 (4) TMI 658 - SUPREME COURT
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... ... ..... to the arguments advanced on behalf of respondent No.2 as eviction order, if any, against respondent No.2 is not the subject matter of challenge before us. It is not even clear as to whether any such proceedings have been taken against respondent No.2. In the present case, we are only concerned with the order of eviction passed against respondent No.1 by the competent authority under the 1973 Act. Hence, we are confining our judgment to the facts of this case. For the aforestated reasons, we hold that the High Court was right in dismissing Regular Second Appeal No.1263 of 1983 filed by respondent No.1. However, it had erred in allowing Civil Writ Petition No.2959 of 1984 filed by respondent no.1 and in setting aside the order of eviction under the 1973 Act. We accordingly set aside judgment under challenge and allow Civil Appeal No.1257 of 1999 filed by the State Government and dismiss Civil Appeal No.1265 of 1999 filed by respondent No.1. There shall be no order as to costs.
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2004 (4) TMI 657 - SUPREME COURT
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... ... ..... nd to Defendant on theka. We find this point had been elaborately argued by the parties and discussed in the earlier order. This averment in the earlier plaint was sought to be treated as admission of the Plaintiff/Appellant and that aspect of the matter was also duly considered but the said argument was not accepted amongst other on the ground that after bringing additional document on the record no opportunity was provided to the Plaintiff to explain the alleged admission which this Court also observed was not necessarily to be inferred as an admission. The findings of the fact recorded by the trial court and first appellate court had been set aside by the High Court without any justified reasons. 15. We do not think that any case is made to take any different view in the matter from one taken by us earlier as quoted in this Judgment. We, therefore, allow the appeal and set aside the judgment and order passed by the High Court. There would, however, be no order as to costs.
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2004 (4) TMI 656 - SUPREME COURT
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... ... ..... and the constructive liability without specifying who are directly liable and who are sought to be made constructively liable. In such a situation, the absence of a charge under one or other of the various heads of criminal liability for the offence cannot be said to be fatal by itself, and before a conviction for the substantive offence, without a charge, can be set aside, prejudice will have to be made out. In most of the cases of this kind, evidence is normally given from the outset as to who was primarily responsible for the act which brought about the offence and such evidence is of course relevant". 22. The above position was re-iterated in Dhanna etc. v. State of Madhya Pradesh. 23. Section 34 IPC has clear application to the facts of the case on all fours, and seems to have been rightly and properly applied also. 24. Looked at from any angle, judgment of the High Court does not suffer from any infirmity to warrant interference. The appeals fail and are dismissed.
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2004 (4) TMI 655 - KERALA HIGH COURT
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... ... ..... rcumstances, I have no hesitation to hold that Annexure A1 complaint filed against the petitioner is not sustainable. 27. I am also inclined to agree with the contention that once the financier/owner under a hire purchase agreement exercised the option of seizure of the vehicle, the post dated cheques obtained from the hirer cannot be presented for encashment after the seizure. The owner has to take recourse to other legal remedies for recovery of the balance amount. If and when the vehicle is sold subsequently, the owner can recover the balance amount after adjusting the sale proceeds of the vehicle. Of course, in the post seizure scenario, it may be open to the parties to agree upon a new schedule of payment or restructuring of the hire transaction. Having regard to the entire facts and circumstances I am satisfied that the criminal proceeding pending against the petitioner in Annexure A1 is liable to be quashed. Accordingly Annexure A1 is quashed. The Crl. M.C. is allowed.
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2004 (4) TMI 654 - SUPREME COURT
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... ... ..... the quashing of the abovesaid proceedings before the Metropolitan Magistrate, Court No. 10, Ahmedabad would not in any way exonerate any of the parties to the above writ petition of charges leveled against them and the same will be considered independently and de hors the quashing this criminal proceedings. 14. We also make it clear that any observations made in the course of this order in regard to the role played by the respective parties in this episode are only tentative and are made for the limited purpose of deciding the validity of the criminal case pending before the Magistrate and the same will not be treated as a conclusive finding in any future proceedings. 15. For the reasons stated above, the complaint as well as the entire proceedings culminating in issuance of bailable warrants in Criminal Case No. 118 of 2004 filed before the Metropolitan Magistrate, Court No. 10, Ahmedabad, are quashed. 16. The other issues involved in this case will be separately dealt with.
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2004 (4) TMI 653 - DELHI HIGH COURT
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... ... ..... ause in a different case subsequently a view is taken indicating that the views expressed are wrong. A final decision, however wrong, is still final and its binding force does not depend upon its correctness. 36. There must be an end of litigation. The Settlement Commission is provided under the IT Act for the said purpose. Where the terms are settled and after having accepted the same merely because in some other decision it is pointed out as to what the law is, it is not open to move an application under Section 154 of the Act. When the order made by the Settlement Commission is made final and conclusive and cannot be reopened under any provisions of this Act or under any other law, save as otherwise provided in Chapter XIX-A, the same is not subject to Section 154 of the Act. 37. In view of what is stated hereinabove, the order made by the Income Tax Settlement Commission in each petition by exercising powers under Section 154 of the Act is quashed and set aside. No costs.
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2004 (4) TMI 652 - GUJARAT HIGH COURT
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... ... ..... eclared that the compromise arrived between the parties to this litigation out of Court is accepted as genuine and the order of conviction and sentence passed by the learned Sessions Judge, Fast Track Court, Vadodara, therefore, on the given set of facts are hereby quashed and set aside as this Court intends, otherwise to secure the ends of justice as provided under Section 482 Cr.P.C. Obviously the order disposing Revision Application would not have any enforceable effect. 32. In view of the above, the accused-Salvinder Kaur Harditsingh Lobana shall not be under obligation to surrender to the jail authorities and shall be treated as acquitted on account of compounding of the offence with the complainant/person affected. 33. Accordingly, both the petitions are required to be allowed and they are allowed. Rule made absolute in both the petitions in the above terms. Both the petitioners shall pay costs of ₹ 2,500/- (Two thousand five hundred) each to the respondent-State.
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2004 (4) TMI 651 - BOMBAY HIGH COURT
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... ... ..... regular basis. 47. Moreover, the learned Counsel for the first respondent-Corporation has stated that the allegations made by the petitioners is not correct. It was stated that the note prepared by Executive Engineer, Ambermath, was considered by higher authorities and was ultimately rejected. 48. For the foregoing reasons, in our opinion, no ground has been made out by the petitioners to hold the demand notice illegal, unlawful or without authority of law. Since in accordance with the policy of the first respondent Corporation demand has been made and water charges have been levied, the action of the first respondent- Corporation is held legal, valid and in accordance with law. Petition, therefore, deserves to be dismissed and is accordingly dismissed. Ad interim relief granted earlier stands vacated. In the facts and circumstances, however, shall be no order as to costs. Parties be given copies of this order duly authenticated by the Associate/Sheristedar/Private Secretary.
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2004 (4) TMI 650 - SUPREME COURT
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... ... ..... perused the judgments and the contents of the affidavit filed by the complainant, we are satisfied that this is a case which could be compounded. The sentence imposed by the two Courts below is set aside. We permit the parties to compound the offence Under Section 147 of the Negotiable Instruments Act, 1881. 4. Ordered accordingly. 5. The appeal is allowed.
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2004 (4) TMI 649 - KERALA HIGH COURT
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... ... ..... Rules are valid. We also hold that there is nothing wrong or illegal in the action of the Director of State, Lotteries in issuing the impugned public notice dated 8.11.2003. We further hold that the appellants are bound to comply with all the provisions contained in the Act and the Rules while marketing their lotteries and selling the tickets within the State of Kerala. We have not considered the correctness or legality of any decision taken by the Secretary, Taxes Department, Government of Kerala under Sub-rule (2) of Rule 24 of the Rules in the case of any of the appellants, as it is beyond the scope of these appeals. If any of the parties is aggrieved by any such decision taken or order passed by the Secretary to Government, Taxes Department under Sub-rule (2) of Rule 24 of the Rules, it will be open to him to challenge the decision/order in appropriate independent proceedings. 36. In the above circumstances, the Writ Appeals are dismissed. The interim orders are vacated.
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2004 (4) TMI 648 - SUPREME COURT
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... ... ..... allowed by the High Court on 16.10.1998 it was brought to the notice of the High Court by the landlord, at the time of pronouncement of the judgment, that the reconstructed building had already been leased out to some other persons, and therefore, the High Court directed the operation of its judgment to remain stayed for approaching this Court. As to when and in what circumstances third persons have been inducted into possession of re-built building, are not known as the same are not discernible from the record. Before giving effect to the order of the High Court, the Controller shall have to give notice to such third parties who are presently in possession and they shall have to be heard. It is difficult for us to anticipate what these third persons in possession may have to say and, therefore, we make no observation on their rights, if any, and leave it open to be determined by the Controller. 30. Subject to the above said cautionary observation, the appeals are dismissed.
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2004 (4) TMI 647 - SUPREME COURT
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... ... ..... the prayer for the grant of interim relief, is set aside. The prayer for the grant of interim relief as made by the writ petitioner/appellant is allowed. The respondents are directed to announce the result of election in accordance with the election programme dated 11.12.2003 post haste and act accordingly. Before parting we make it clear that whatever has been stated hereinabove is for the purpose of disposing of the prayer for the grant of ad-interim relief and that has been done on the basis of material available on record at this stage. As a very short question of law arises for decision in the case, the High Court would do well to take up the main matter itself for hearing at an early date and decide the same finally. The High Court while deciding the writ petition on merits would obviously do so on the basis of pleadings and documents produced and submissions made before it; the High Court need not feel inhibited by anything said in this order. No order as to the costs.
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2004 (4) TMI 646 - SUPREME COURT
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... ... ..... nd Ors. v. Savinderjit Kaur (2004)4SCC58 ). 47. We are, therefore, of the opinion that the interest of justice would be subserved if the State is directed to fully comply with the directions of the High Court by giving all benefits to the appellant herein including monetary benefits and seniority by placing him in the select list above Respondents 3 and 9. We further direct that if any respondent has been promoted to the higher post in the meantime the same would be subject to our aforementioned direction. Necessary order in this behalf must be passed by the State. 48. These appeals are disposed of accordingly. The cost of the appellant herein shall be borne by the State of Jammu and Kashmir quantified at 10,000; we hope and trust that the State of Jammu and Kashmir as also Jammu and Kashmir Public Service Commission shall make all endeavours to see confidence in the Statutory Bodies restored, and they would henceforth comply with legal requirements strictly and scrupulously.
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