Court : Chennai
Reported in : AIR1923Mad133; 76Ind.Cas.966
1. There is no finding that any branch of peace occurred. following Muthiah Chetli v. Emperor 29 M. 190 : 3 Cr. L.J. 461 which has not been overruled so far as this part of the case is concerned by the case of In re Soldi Gounden 21 Ind. Cas. 174 : 37 M. 153 : 14 M.L.T. 235 : (1913) M.W.N. 769 : 25 M.L.J. 403 : 14 Cri. L.J. 574. I am of opinion that the Appellate Court was wrong in directing the accused to enter into a bond under Section 106 of the Code of Criminal Procedure.2. The order under Section 106 is set aside....
Tag this Judgment!Court : Chennai
Reported in : AIR1926Mad656; 94Ind.Cas.45
Waller, J.1. This is an appeal against an order of Krishnan, J., rejecting an application for leave to file a memorandum of objections in forma pauperis. It is argued that no appeal lies against such an order. There are no doubt, some decisions to that effect e. g., Appasami Pillai v. Somasundara Mudaliar [1908] 26 Mad. 437 and Banno Bibi v. Mehdi Husain [1889] 11 All. 375. But the former has since been expressly dissented from in Tuljaram Row v. Alagappa Chettiar [1911] 35 Mad. 1 and the latter proceeded on a ratio decidendi which is no longer maintainable. The pronouncemant of Sir John Edge in Jeronchad Bhogilal v. Dakare Temple Committee is also relied on, Speaking for myself, I should welcome any clear cut definition which would render unnecessary the discussion which is at present, almost inevitable whether a particular order does or does not pass the test laid down in Tuljaram Row v. Alagappa Chettiar [1911] 35 Mad. 1, That test is never particularly easy of application and would...
Tag this Judgment!Court : Kolkata
Reported in : (1901)ILR28Cal63
Prinsep, J.1. The Magistrate had before him a complaint of defamation as well as of dishonestly using a forged document under Section 471, Indian. Penal Code. The alleged forgery consisted in affixing a false signature to a letter on -which the charge of defamation proceeded. At the trial, the evidence was, no doubt, principally directed to the charge under Section 471, and it appears that, at the close of the trial, the Magistrate suddenly turned round and convicted the accused of defamation, having no charge before him of that offence. On appeal, the Sessions Judge very properly found fault with such a proceeding. He seems, however, to have followed the Magistrate into an error regarding the evidence necessary to prove the offence of defamation, for he points out that there is no evidence to show that the complainant has been injuriously affected by such alleged defamation. That, however, is not necessary to constitute an offence of defamation as defined in Section 499, Indian Penal ...
Tag this Judgment!Court : Kolkata
Reported in : 43Ind.Cas.820
1. Though Section 421, Criminal Procedure Code, undoubtedly gives the Appellate Court power to summarily dismiss an appeal, it is obvious that that power must be exercised with judicial discretion. These were not oases in which the appeals should have been summarily dismissed. They were cases complicated both in law and fact and the judgment of the Deputy Magistrate covers nine typewritten pages. We do not think that, in those circumstances, the cases ought to have been disposed of in this way. We accordingly set aside the order of summary dismissal and direct that the appeals be admitted and re heard by the Sessions Judge. The petitioners will remain out on bail pending the hearing of the appeals....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR669; [2007(1)JCR307(Jhr)]
ORDERM.Y. Eqbal, J.1. In these applications under Article 226 of the Constitution of India, the petitioner- M/s. Bharat Coking Coal Limited seeks a direction upon the respondents to issue a demand notice showing excess payment of advance sales tax and central sales tax paid by the petitioner according to returns for the year 1986-87 so that the petitioner can make an application for refund of the said amount in the prescribed form and further for a direction for refund of the excess amount in view of the fact that the original assessment order dated 30.11.1990 has been set aside by the appellate authority.2. The petitioner-unit is registered under the Bihar Finance Act, 1981 and has been filing returns under the said Act and also under the Central Sales Tax Act, 1956 before the Commercial Taxes Authority, Sindri Circle, Jharia. In compliance to the notice issued for assessment for the year 1986-87, the representative of the petitioner appeared before the Assessing Authority who passed ...
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2234
J.C. Gupta, J. 1. This is landlord's petition arising out of the decision of the respondent No. 1 dated 27.9.1997 whereby the appeal filed by the petitioner has been dismissed and the one preferred by respondent No. 4 has been allowed.2. The dispute is in relation to the rate of rent of a building situated at 16 C. Y. Chintamanl Road. George Town, Allahabad which is admittedly in the occupation of respondent No. 4 as tenant on behalf of the petitioner, at the rate of Rs. 1,250 per month. The petitioner filed an application under Section 21 (8) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the Act), for the enhancement of rent alleging therein that the market value of the tenanted property is not less than sixty lakhs and accordingly, he is entitled to get rent at the rate of Rs. 50,000 per month. The accommodation in dispute consists of a double storey building with land. The same was got assessed by Sri G. S. Birdie, a Chartered Engineer and Consulting Civil Engineer, w...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All529
Sulaiman, J.1. This is a defendant's appeal arising out of a suit for recovery of possession by avoidance of a sale deed of 1913. This deed was executed for a sum of Rs. 169 by one Mt. Poona in order to pay off a prior mortgage dated 4th December 1909 executed by her in favour of Mendai, the defendant's father. The property transferred was what had been inherited by her from her mother. It was therefore a Hindu woman's limited estate in her possession, and no valid transfer could have been made without legal necessity. The recital in the earlier mortgage deed as shown by a certified copy was to the effect that the money had been borrowed for barkhi, that is the first annual death ceremony of her mother, Mt. Ram Kali. There was also oral evidence to the same effect. The present plaintiffs have after the death of Mt. Poona purchased this very property, viz., one pie share from her sons who became the heirs to the estate.2. The lower appellate Court has distinctly found that the sale deed...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP6
Sharma, J.1. This is a petition under Article 226 of the Constitution of India far the issue of a writ of Certiorari and Mandamus.2. The case for the petitioner is that the respondent Amhikaprasad was temporarily appointed by it on the post of a teacher in the year 1955. His services were dispensed with with effect from the 30th of April, 1958 by a notice dated 27-3-1958. Ambikaprasad appealed against the order whereby his services were terminated to the Sub-Divisional Officer Kawardha under Rule 2 of the Rules framed under Section 25 (6) of the C. P. and Berar Municipalities Act, 1922 (hereinafter referred to as the Act). This appeal wan allowed and Ambikaprasad was ordered to be re-instated. The contention of the petitioner is that the order passed by the Sub-Divisional Officer Kawardha is oil the face of it illegal and without jurisdiction. The validity of the impugned order is challenged on the following grounds:(i) that the appeal was filed after the prescribed period of limitatio...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)208CTR(P& H)413
1. This judgment will dispose of IT Appeal Nos. 442, 457, 460 to 474, 517 and 518 of 2005. Facts have been taken from IT Appeal No. 471 of 2005. These may be briefly noticed.2. This appeal has been filed by the assessee proposing following substantial questions of law:(a) Whether the Tribunal was right in law in setting aside the order of the CIT(A) for a de novo consideration(i) without rebutting the findings given by the CIT(A)?(ii) when the said findings had not even been challenged by the Revenue?(b) Whether the order of the Tribunal is unsustainable in law as it allows the appeals following its order in the case of Vesta Investment & Trading Co. (P) Ltd. and at the same time setting aside the order in other appeals when it is not disputed by the Revenue that facts are similar?(c) Whether the Tribunal was right in law in restoring the matter to the AO to find out afresh, the initial intention of the assessee in acquiring the shares, when the CIT(A) had already given an uncontrovert...
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)344
M.L. Jain, J.1. This is a petition for grant of a writ of certiorari directed against the order of the Rajasthan State Go-operative Tribunal, Jaipur, dated June 29, 1971. The petitioner the Central Cooperative Bank Ltd., Bikaner, a cooperative society vas formed on 19-5-1951 with Bikaner and Churu districts within us area of operation On 27-3-1361, Churu Central Cooperative Bank Ltd., a cooperative society was formed for the district of Chura and the area of the Cooperative Bank. Bikaner was reduced to the district of Bikaner. The assests and liabilities of the district of Churu were transferred to the Churu Bank by a deed of transfer executed on 15-7-1961, whereby an amount of Rs. 7,71,577.10 paise were to be paid by the Churu Bank to the Bikaner Bank. In pursuance of this settlement, the Churu Bank made payment upto 30-5-64 bit thereafter refused to pay the balance of Rs. 42,736.48 paise on 23-4-1966. The Manager of Churu Bank addressed a letter to the Manager, Central Cooperative Ba...
Tag this Judgment!