|
Advanced Search Options
Case Laws
Showing 1 to 20 of 1059 Records
-
2013 (5) TMI 1069 - DELHI HIGH COURT
... ...
... ... ..... a part of the DRS. The question of continuation of the suit would not arise. 17. In such a situation it would be open to the respondent to approach the BIFR seeking leave for continuation of the suit qua the balance amount or in the alternate it may approach the BIFR seeking enhancement of the amount as included in the scheme if so permitted by law. 18. The judgment of Corromandal Pharmaceuticals (supra) is inapplicable in this factual scenario. That judgment related to sales tax dues of the department; the ratio being noted as under amounts like sales tax which a sick company is enable to collect after the date of sanction scheme legitimately belonged to the revenue could not and may not have been founded to be covered within Section 22 of the said Act. This judgment did not relate to the liability against a sick company. Clearly those facts would be inapplicable in the present case. 19. The appeal is allowed in the aforesaid terms. Parties are left to bear their own costs.
-
2013 (5) TMI 1068 - DELHI HIGH COURT
... ...
... ... ..... . to quash proceedings and to pass such orders as are necessary to prevent abuse of process of any court or otherwise to secure ends of justice. 218. In view of the above legal position, this Court is not expected to throw out a case on technicalities but is expected to interfere wherever there has been failure of justice or misuse of judicial mechanism or procedure. This Court is not expected to be a mere silent spectator when it is made out that the criminal prosecution is an abuse of process of the Court. 219. In view of the above discussion and legal position, I set aside order dated 13.05.2011 passed by the learned ACMM, Saket Courts, New Delhi. Consequently, FIR No. 610/2007, P.S. Malviya Nagar, New Delhi and the proceedings emanating therefrom, if any, are hereby quashed. Accordingly, these petitions are allowed with no order as to costs. Crl. M.A. 11321/2011 in CRL.M.C. 3182/2011 In view of the above, instant application has become infructuous and disposed of as such.
-
2013 (5) TMI 1067 - SUPREME COURT
... ...
... ... ..... has submitted that the appellants had willingly entered into a contractual relationship with the respondent-Bank and therefore, the Competition Commission as well as the Appellate Tribunal have rightly non suited the appellants. 5. Learned counsel has also submitted that the petition in fact, is not maintainable under Section 4(2) of the M.R.T.P. Act. He further submitted that the claims made by the appellants are even otherwise barred by limitation. 6. We are not inclined to examine the issues raised by the parties on merits, in view of the order proposed. Without going into the merits of the issues involved, we deem it appropriate to set aside the orders impugned only on the ground that they do not disclose the reasons for the conclusions reached. 7. In view of the above, the appeals are allowed, the matters are remanded back to the Competition Appellate Tribunal for reconsideration of the entire issue on merits including the preliminary objections raised by the appellants.
-
2013 (5) TMI 1066 - CESTAT BANGALORE
... ...
... ... ..... rom the levy of excise duty. Therefore when there was no dispute that appellant s case is of flavoured milk of animal origin that shall enjoy the benefit of the above notifications. 2. Learned counsel says that classification issue in these two appeals is not pressed for the time being in view of mandate of above notifications and if such issue arises in future, the appellants shall raise such dispute. 3. Both the appeals succeed for which these are allowed. 4. In view of the above both the stay applications are allowed. (Pronounced and dictated in open Court)
-
2013 (5) TMI 1065 - SUPREME COURT
... ...
... ... ..... nicipalities, constitution and composition of Ward Committees, reservation of seats for weaker Sections, duration of municipalities, powers, authority, responsibilities of municipalities, power to impose taxes, proper superintendence and centralised control of elections to municipalities, constitution of committees for district planning and metropolitan planning, were either not in existence or were found to be inadequate or defective in the State laws relating to municipalities. Part IX-A seeks to strengthen the democratic political governance at grass root level in urban areas by providing constitutional status to municipalities, and by laying down minimum uniform norms and by ensuring regular and fair conduct of elections. This objective has been achieved by the Orissa Municipal Act and the amendments made thereto, as extended to the Scheduled Areas. 24. In view of the factual position before us, we see no merit in this writ petition. It is accordingly dismissed. No costs.
-
2013 (5) TMI 1064 - SUPREME COURT
... ...
... ... ..... , the principle that the Court will not restore an illegal order could not have been invoked by the High Court for defeating the rights acquired by the Appellants on the basis of their selection by the Commission. In the result, the appeals are allowed. The impugned orders are set aside. The termination the Appellants' services is declared illegal and quashed. They shall be deemed to be continuing on the posts of Principals, subject to the following riders (i) If the Management of the particular college has initiated any disciplinary action against any of the Appellants for the misconduct committed during the course of service then this order shall not operate as a bar to the taking of final decision in the matter. (ii) The Director shall be free to relocate or change the placement of the Appellants in accordance with the relevant statutory provisions and the order passed by this Court shall not operate as an impediment in the taking of appropriate action by the Director.
-
2013 (5) TMI 1063 - GUJARAT HIGH COURT
... ...
... ... ..... nt scheme. The shareholder has not raised any objection to the scheme per se except voting against the proposal at the meeting. 8. Considering all the facts and circumstances and taking into account all the contentions raised by the affidavits and reply affidavits, I am satisfied that the observations made by the Regional Director, Ministry of Corporate Affairs, do not survive. I have come to the conclusion that the present scheme of arrangement is in the interest of the shareholders of the petitioner company, is not detrimental to the interest of its creditors or to the public interest and the same deserves to be sanctioned. The scheme is therefore hereby sanctioned. 9. The prayers in terms of Para 27(a) are hereby granted. The petition is disposed of accordingly. So far as the costs to be paid to the Central Government Counsel is concerned, I quantify the same at Rs. 7,500/. The same may be paid to the learned Central Government Counsel appearing for the Central Government.
-
2013 (5) TMI 1062 - PUNJAB & HARYANA HIGH COURT
... ...
... ... ..... deliberately participated in the fraud of exporting firms, by facilitating the issue of invoices, on commission basis, without the actual issuance of goods. The Tribunal has, however, found that prima facie the appeal preferred by the appellant requires consideration and on consideration of the total amount of penalty, the Tribunal has directed the appellant to deposit ₹ 50 lacs as a pre-condition in terms of Section 35-F of the Act for the hearing of his appeal. In the light of principles laid down by Hon'ble Supreme Court in Benera Valves Ltd. Vs. Commissioner of Central Excise , (2006) 13, SCC 347 and Indu Nissan Oxo Chemicals Ind. Ltd Vs. Union of India (UOI) and others , (2007) 13 SCC 487 , to draw balance between 'undue hardship' viz.a.viz. the 'interest of the revenue', we are satisfied that the pre-condition of deposit of ₹ 50 lacs, calls for no interference by this Court. For the reasons afore-stated, both the appeals stand dismissed.
-
2013 (5) TMI 1061 - SUPREME COURT
... ...
... ... ..... corded that in an appeal against acquittal, the appellate court is entitled to reappreciate the evidence on record if the court finds that the view of the trial court acquitting the accused was unreasonable or perverse. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to the innocence, the view which is favourable to the accused should be adopted. However, the paramount consideration of the court is to ensure that miscarriage of justice is prevented as noted in the judgment of this Court in V.N. Ratheesh v. State of Kerala (2006) 10 SCC 617. 11. We are of the considered view that the High Court has rightly found that the finding recorded by the trial court was unreasonable and perverse and reversed the order of acquittal passed by the trial Court. The appeals, therefore, lack merits and the same are dismissed.
-
2013 (5) TMI 1060 - SUPREME COURT
... ...
... ... ..... ltogether. 27. We cannot accept the submissions made on behalf of the Respondents stating that Kusumbai had been tutored by her parents, as the evidence on record clearly reveals that the tractor had been brought at the instance of the Respondents, and that they had been present in the trolley with her parents and other relatives throughout. Therefore, her parents and other relatives could have had no opportunity to implicate the Respondents, or to tutor her. 28. Thus, in view of the above, the appeal succeeds and is allowed. The judgment and order impugned before us, passed by the High Court is set aside, and the judgment and order of the trial court is restored. The Respondents are directed to surrender within a period of four weeks from today, failing which the learned Chief Judicial Magistrate, Damoh, Madhya Pradesh, shall take them into custody and send them to jail to serve out the remaining part of their sentence. A copy of the order be sent to the CJM by the registry.
-
2013 (5) TMI 1059 - DELHI HIGH COURT
... ...
... ... ..... Special Audit may go on. However, the Special Auditor shall not serve the report on the petitioner till the next date of hearing. The Learned counsel for the petitioner states that the petitioner shall fully cooperate with the Special Auditor. In the meanwhile, no assessment order be passed till the next date of hearing. W.P.(C) Nos.3222/2008, 8157/2009, 8160/2009, 14123/2009 and 14141/2009 which are shown as Item Nos.37 to 41 in the list of Regular Matters (Part I-A) be listed along with these writ petitions on 22.07.2013 for final disposal.
-
2013 (5) TMI 1058 - KARNATAKA HIGH COURT
... ...
... ... ..... ce or even relying on the evidence adduced by the complainant itself. In so far as the second question for consideration is concerned. From a close examination of the record-it is evident that the third petitioner apart from being a designated Director of the company, is not shown to have been involved in the affairs of the company and more particularly in the course of the transactions that are the subject matter of the complaints. In that light of the matter, the petitions are partly allowed. The proceedings as brought against the third petitioner in case in CC 16289/2009 and in case in CC No. 13784/2009, before the XV Additional Chief Metropolitan Magistrate Coun, Bangalore, respectively stand quashed. There is however, no warrant for interference in so far as the proceedings brought against petitioner no. 1 and 2 in these respective petitions. The petitions are hereby dismissed in so far as those petitioners are concerned. The order of stay granted earlier stands vacated.
-
2013 (5) TMI 1057 - MADHYA PRADESH HIGH COURT
... ...
... ... ..... iod shall surrender before the trial Court and obtain bail. On due consideration of the aforesaid facts and circumstances of the case prayer for grant of transit bail is allowed. In the event of his arrest by Indore / Vashi police station, Navi Mumbai (Maharashtra), he shall be released on bail upon his executing a personal bond in a sum of Rs.1,00,000/- and also furnishing one surety of equal value to the satisfaction of the arresting authority subject to compliance with the following conditions - (1) That, the applicant shall make himself available for interrogation by a police officer as and when required, (2) That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer and (3) He shall not leave India without prior permission of the Court. (4) This order shall remain operative till 60 days only, ie., up to 15.7.2013.
-
2013 (5) TMI 1056 - ITAT KOLKATA
... ...
... ... ..... unting . A perusal of the paper book filed before us shows that all the agreements entered into between the assessee and the tenants are not before us though the assessee has claimed the same has been filed before the AO. In the circumstances the issue of the expenses in relation to the tenancy vacation charges debited to the extent of Rs.1,23,40,000/- is restored to the file of the AO to verify the agreements entered into by the assessee with the tenants. The AO is to examine whether the agreement have been entered into during the year, the AO shall examine the claim as to whether the agreements are in relation to the land in question and the transactions in question. If the answer to both the issues are in the affirmative then the AO shall grant the assessee the benefit of the deduction of the expenditure representing the tenancy vacant charges. 8. In the result the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 23.05.2013.
-
2013 (5) TMI 1055 - ITAT LUCKNOW
... ...
... ... ..... sed by the assessee by filing a revised return before the Assessing Officer. But while adjudicating the claim of exemption under section 11 of the Act, the ld. CIT(A) either should have examined the claim in accordance with law or should have called for a remand report from the Assessing Officer in this regard. Without examining the claim in the light of the provisions of section 13 of the Act, the claim of exemption under section 11 cannot be outrightly granted. But the ld. CIT(A) did the same. We, therefore, do not agree with the action taken by the ld. CIT(A).Accordingly, we set aside his order and restore the matter to the file of the Assessing Officer with a direction to examine the claim of exemption under section 11 of the Act in the light of the provisions of section 13 of the Act after affording opportunity of being heard to the assessee. 16. In the result, appeals of the Revenue stand allowed for statistical purposes. Order pronounced in the open court on 28/05/2013
-
2013 (5) TMI 1054 - JHARKHAND HIGH COURT
... ...
... ... ..... , these writ petitions are allowed. The impugned orders dated 9.2.2013 are set aside and the matter is remanded back to the Assessing Officer. 10. At the request of both, the parties, date is fixed and the parties shall appear before the Assessing Officer on 8th June, 2013. When the assessee appears before the Assessing Officer, the Assessing Officer will supply copies of all the documents which the Assessing Officer wants to rely upon and will give opportunity to the petitioner to produce the evidence and will also give opportunity of hearing to the petitioner and then will pass order. The Commissioner-cum-Secretary, Commercial Tax Department, Government of Jharkhand is directed to circulate a copy of this order to all Assessing Officers and appellate authorities so that they may be well aware about their responsibilities in deciding the matter and consequence of consequential action in case of working under pressure or other consideration or acting negligently deliberately.
-
2013 (5) TMI 1053 - UTTARAKHAND HIGH COURT
... ...
... ... ..... No doubt, the fund invested is the mutual fund belonging to the members of the Cooperative Societies, but for keeping those funds invested with a third party, the third party is making contribution to that fund by paying interest and that being no contribution by any of the members of the Societies, the same cannot be treated to be an expansion of the mutual fund by the contributions of the members, the same being an expansion of the funds of the Co-operative Society by a third party for the fund remained invested with it for a certain period of time. This aspect of the matter has already been dealt with by this Court in the case of CIT v. Dehradun Club Ltd. IT Appeal No. 15 of 2007 and also by the Hon'ble Supreme Court in the case of Bangalore Club v. CIT 2013 212 Taxman 566/29 taxmann.com 29 and other connected appeals. We, accordingly, allow the appeals, set aside the judgments of the Tribunal as well as of the Commissioner of Appeals and restore the assessment orders.
-
2013 (5) TMI 1052 - SUPREME COURT
... ...
... ... ..... 'third' Indian Penal Code. Having regard to such a construction of ours on Section 141, read along with Section 40 Indian Penal Code, the offence found proved against the Appellants, namely, falling under Sections 302 read with 149, 307 read with 149 along with 147 and 148 of the Code for which the conviction and sentence imposed by the Court below cannot be found fault with. 47. In the light of our above conclusions on the various submissions made by the counsel for the Appellants, we do not find any merit in these appeals. The appeals, therefore, fail and the same are dismissed. Appellant Soma in Criminal Appeal No. 1158/2008 who is on bail is directed to surrender before Magistrate forthwith for serving out the remaining period of sentence, if any, failing which the Chief Judicial Magistrate Haridwar is directed to take him into custody and send him to jail to serve out the sentence, if any. A copy of the judgment be sent to the said CJM by the Registry forthwith.
-
2013 (5) TMI 1051 - ITAT DELHI
... ...
... ... ..... ate of exercise of option and the date of sale being the same, there was no difference between the deemed cost of acquisition and the actual price realized by the assessee and, therefore, no amount was chargeable to tax as capital gains. 11. From the above, it is evident that the belief nurtured by the assessee to the effect that the amount received on sale of ESOP shares was not taxable, was not a belief or understanding which was unfounded. The Ld. CIT (A) has duly taken this aspect also into consideration while deciding the matter in favour of the assessee and we do not find anything wrong with the order under appeal on this count also. 12. For the above discussion, the grievance sought to be raised by the Department by way of grounds of appeal taken is found to be shorn of merit and is rejected as such. The order of the Ld. CIT (A) is hereby confirmed. 13. In the result, the appeal filed by the Department is dismissed. The order pronounced in the open court on 10.05.2013.
-
2013 (5) TMI 1050 - PUNJAB AND HARYANA HIGH COURT
Forgery Of documents - Cheating - Seeking grant of regular bail u/s 439 CrPC - Offence punishable u/s 409/ 420/ 467/ 468/ 471/ 120-B IPC and Sections 13(1)(d)/13(2) of the Prevention of Corruption Act - HELD THAT:- In view of the facts, Petitioners are entitled to grant of bail pending trial on stringent conditions in order to allay the apprehension of the investigating agency. It is not necessary to canvass and go into the details of various other issues canvassed by learned counsel for the parties and the cases relied upon by learned counsel for the petitioners in support of their contentions. I have not expressed any opinion on the merit of the case. In the result, petitions are allowed, Petitioners be admitted to bail on their executing bail bonds with solvent sureties each in the sum of 10.00 lac to the satisfaction of trial Court, Bathinda, on the following conditions:-
a) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority.
b) They shall remain present before the Court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the appropriate court and also to the State Vigilance Bureau and request that they may be permitted to be present through the counsel.
c) They will not dispute their identity as the accused in the case.
d) They shall surrender their passport, if any (if not already surrendered), and in case, they are not a holder of the same, they shall swear to an affidavit. If they have already surrendered before the trial Court, that fact should also be supported by an affidavit.
e) I reserve liberty to the State Vigilance Bureau to make an appropriate application for modification/recalling this order, if for any reason, the petitioners violate any of the conditions imposed by this Court.
........
|
