Court : Supreme Court of India
Decided on : May-02-1989
Reported in : AIR1989SC1441; 1989CriLJ1459; 1989(2)Crimes257(SC); JT1989(2)SC586; 1989(1)SCALE1562; 1989Supp(1)SCC558
..... so. there can be no two opinions that if the allegations as made by the petitioner are true, the public officers must deserve condemnation without any limitation for the dastardly acts. in case there is a ring of truth in the defence plea that the petitioner's son who was then working as warder in the tihar jail and some other .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1989
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... ril in the rpl properties but also the security and with regard to the approval of the financial scheme under monopolies & restrictive trade practices act, the licence under the petroleum act, explosive act, etc , sri pagaria has referred to the requirements under a large number of enactments and contended that, until requisite consents, approvals, licences ..... corpn. of india ltd. as regards convertible debenture issue, it was asserted that there is no violation of the provisions of section 81(5) of the companies act, 1956 as the section contemplates only an optional conversion of government loan into equities, in the instant case, there is a compulsory conversion of publicly held ..... time a public interest aspect of the issue of shares and debentures. in the past decades, investors in shares and equities constituted a very limited section of the public and consisted of two extreme types-either persons who could shrewdly appraise the merits of each issue and take a considered decision .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1989
Reported in : AIR1989SC1719; (1990)1GLR407; [1989]178ITR345(SC); JT1989(2)SC399; 1989Supp(2)SCC210; [1989]3SCR1
..... to an assessee in part b state. in the present case also, the saurashtra income-tax ordinance having been repealed not by the indian income-tax act but by section 13 of the finance act, 1950, a similar difficulty had come into existence, and hence we fail to see how it can be said that the government had no good ..... this court and while it was pending there, on may 8, 1956, the central government issued a notification in exercise of its powers conferred on it by section 12 of the finance act, 1950, whereby an explanation was added to the aforesaid paragraph 2 as follows:for the purpose of this paragraph, the expression 'all depreciation actually allowed under ..... make such provision, or give such direction, as appears to it to be necessary for removing the difficulty.4. in exorcise of the powers conferred upon it by section 12 of the finance act, 1950, the central government issued an order known as 'taxation laws (part b states), (removal of difficulties) order 1950'. clause (2) of the order of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1989
Reported in : I(1990)ACC214; JT1989(2)SC454; (1989)3SCC38; [1989]3SCR128; 1989(2)LC285(SC)
..... of the broad categories indicated above. the determination of the actual quantum of compensation payable to the claimants has to be done by the authorities under the act, on the basis of the facts of each case and without reference to the hypothetical quantifications made only for purposes of an overall view of the ..... of interim compensation the high court did not adopt the standards of compensation usually awarded in fatal-accidents-actions or personal-injury-actions arising under the motor vehicles act. it is well-known that in fatal-accident-actions where children are concerned, the compensation awardable is in conventional sums ranging from rs. 15,000/- to ..... the settlement. both the parties accepted this direction.13. the settlement proposals were considered on the premise that government had the exclusive statutory authority to represent and act on behalf of the victims and neither counsel had any reservation as to this. the order was also made on the premise that the bhopal gas leak .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1989
Reported in : AIR1989SC1703; (1990)1GLR489(SC); JT1989(2)SC323; (1989)3SCC321; [1989]3SCR182
..... pending 66(b) 65(a)81 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- s.no. police station cr no. section disposal ------------------------------------------------------------------------------- (1) kalupur 2/88 ipc 307, 120(b) 212; under inquiry terrorist act, section 3(1)(3); explosives sections 4, 5; arms act 25(l)(a)(c); bombay police act 135(1) ------------------------------------------------------------------------------- 3. from the above materials, the detaining authority has concluded that ..... the detenu was a bootlegger within the meaning of section 2(b) of the act.4. it is further stated that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1989
Reported in : AIR1989SC1843; (1990)1GLR34; JT1989(3)SC33; 1989(1)SCALE1244; 1989Supp(2)SCC110; [1989]3SCR214; 1989(3)SLJ97(SC); 1989(2)LC342(SC)
..... justified in contending that those proceedings relate to misconduct which had occurred 4 years prior to the institution and therefore they are not sustainable as per proviso (b)(ii) of section 189-a of the bombay rules.14. we shall scrutinize the respective contentions of the learned counsel with reference to the facts of this case and the position of law ..... rules had passed the order dated 15-1-1977 reducing the pension and gratuity to 50% after affording an opportunity to him by issuing a show cause notice alleging several acts of misconduct to which notice the appellant did not give any explanation in spite of several opportunities afforded for over 6 years. hence the order of the government reducing the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-1989
Reported in : AIR1989SC1599; (1990)1GLR209(SC); JT1989(2)SC567; 1989(1)SCALE1527; (1989)3SCC257
..... force with effect from october 1, 1987. attempt was made by the defendants to rely upon three of the provisions of the amending act by section 11 of the amending act sub-section (3) of section 12 of the principal act was substituted. the tenants claimed advantage of the unending provisions and pleaded that it had retrospective effect. default in payment of rent if ..... paid as envisaged in the new provision, therefore could not any longer from the basis for claiming eviction. reliance was also placed on section 25. of the amending act which contained the savings clause and provided that a case would not be deemed to have been finally disposed of, if in relation to that suit or ..... defendant no. 6, as found by the high court, was not in actual possession of the garage on 1.2.1973. that being so, the benefit of section 15(2) of the act, as amended, it not available to to him. defendant no. 6's claim to sub-tenancy, therefore, has not rightly been accepted.16. it is appropriate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-1989
Reported in : AIR1989SC1884; 1989(24)LC1(SC); 1989(42)ELT338(SC); JT1989(2)SC531; 1989(1)SCALE1431; (1989)3SCC202; [1989]3SCR282
..... persons from whose possession the goods are seized and to give him an opportunity to make his representation on the point whether the time for issuing notice under section 124(a) of the act should be extended beyond six months. that is how the appeal has come before us.12. in charan das malhotra (supra) the court referred to the ..... the show cause notice. on 3 november, 1966, the additional collector granted and extension of time for a further six months in terms of the proviso to section 110(2) of the customs act, 1962.4. on 6 december, 1966 the assistant collector of customs issued notice to each of the respondents calling upon him to show cause why the ..... one lakh and out of which forty six had been sold.3. the goods were seized on 5/7 may, 1966 and notices were due to issue under section 124(a) of the customs act, 1962 within six months from that date. meanwhile, the subordinate officers. customs department, showed cause to the additional collector of customs, calcutta (who has the same .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-16-1989
Reported in : AIR1989SC1696; 1989(1)SCALE1573; (1989)3SCC262; [1989]3SCR305; [1989]74STC379(SC); 1989(2)LC309(SC)
..... the rupee at every point of sale other than at the point of last sale, at which point the rate is 5 paise per rupee.3. clause (s) of section 2 of the act defines 'turnover' to mean the total amount set out in the bill of sale (or if there is no bill of sale, the total amount charged) as the ..... , the security deposit for the return of the bottles was held to be merely in the nature of an incentive to the buyer to return the bottles.10. turning to section 6c of the act, it seems to envisages a case where it is the goods which are sold and there is no actual sale of the packing material. the ..... appeals are manufacturers of or dealers in cement. the beer is sold in bottles packed in cartons. the cement is sold in gunnies. section 5 of the andhra pradesh general sales tax act (hereinafter referred to as 'the act') provides for the levy of sales tax on the turnover of goods at the rates specified in that provision. in the case of goods .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-1989
Reported in : AIR1989SC2054; 1990(3)Crimes726(SC); 1989(43)ELT189(SC); 1989(2)SCALE190; (1989)4SCC21; [1989]3SCR367; 1989(2)LC362(SC)
..... levied on the state trading corporation on similar imports of edible oils made by it as an importer. the petitioners have also challenged ; the validity of section 15 of the customs act, 1962 under which the rate of duty and tariff valuation is determined.4. to resolve the issue between the parties it is necessary to ascertain the effective ..... duty prevailing on that date was 12.5 per cent, and that, learned counsel contends, should be the rate applicable to the edible oil consignment under section 15 of the act the circumstance that the vessel was unable to secure a berth in the port of bombay compelled it to proceed to karachi to discharge the cargo pertaining to ..... of import duty and tariff valuation will be that ruling on 11 july, 1981 cannot be sustained and is rejected.17. as to the question whether section 15 of the customs act is ultra vires on the ground that arbitrary discretion has been conferred on the customs authorities in the matter of determining the date of inward entry, it .....
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