Court : Gujarat
Reported in : (1962)3GLR33
V.B. Raju, J.1. This is an appeal by the State of Gujarat against the acquittal of the respondent who was charged with having committed an offence punishable under Section 34 of the Bombay Money Lenders Act for having contravened Section 18(2) of the same Act in that he did not send copies of the accounts in respect of three money-lending transactions dated 24-12-57 27 and 30-12-57 relating to loans advanced by him to Kisnad Group Co-operative Multi-purpose Society. The learned Judicial Magistrate First Class Broach who tried the case acquitted the respondent on the ground that a loan to a Co-operative society was not included in the definition of loan contained in Section 2(9) of the Bombay Money-Lenders Act. On this ground he acquitted the respondent although according to the Magistrate all the facts about the advancing of the loans were admitted by the respondent who was accused.2. In appeal it is contended by the learned Government Pleader on behalf of the State that the view taken...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj128; I(2006)DMC667; RLW2006(1)Raj612; 2006(1)WLC648
V.K. Bali, J. 1. Sudarshan Bhatia, born and brought up in the State of Rajas-than, but stated to be a Canadian citizen, died on 21.4.1989 in Germany leaving behind considerable movable and immovable properties. Poonam Bhati his wife and Smita Bhatia, minor daughters, said to have been born out of the wedlock of Sudarshan Bhatia and Poonam Bhatia, successfully sought succession certificate with regard to the movable properties of deceased Sudarshan Bhatia, details whereof have been given in the application under Section 372 of the Indian succession Act itself as the same was allowed vide orders dated 6.12.1999 passed by the District Judge, Jaipur City, Jaipur. Whereas Surendra Bhatia brother of Sudarshan Bhatia resisted grant of succession certificate to Poonam Bhati and her daughter Smita on the basis of Will dated 17.4.1989 (Ex.A.l) said to have been executed by Sudarshan Bhati, his sister resisted the same on the ground that movable properties owned by Sudarshan Bhatia were made from...
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN297
D.K. Seth, J. The preliminary objection : Maintainability of the appeal:1. Mr. Santanu Mukherjee, learned Counsel for the respondent, had taken a preliminary objection as to the maintainability of the appeal. According to him, the decree was passed on 20th December, 2001. Against the said decree, a review application was preferred on 3rd/4th January, 2002. This review was partly allowed by an order dated 15th July, 2002. Therefore, when the appeal was preferred on 11th September, 2002 against the judgment and decree dated 20th December, 2001, there was no judgment and decree, which stood modified by reason of the order dated 15th July, 2002, being the decree against which the appeal could have been preferred. The subsequent dismissal of the review application or rejection thereof on account of not being pressed by the applicant would not alter the situation and would still affect the maintainability of the appeal. In support of his contention. Mr. Mukherjee had relied upon a decision i...
Tag this Judgment!Court : Delhi
S. Ravindra Bhat, J. 1. The present appeal, under Section 37 of the Arbitration and Conciliation Act (hereafter the Act ?) is directed against the judgment and order of a learned Single Judge, dated 17.02.2010 in OMP 40/2000. The impugned judgment dismissed the objections of the appellant (hereafter MMTC ?) to the majority award of a three member Arbitral tribunal (hereafter the Tribunal ?) dated 23.08.1999. The award had directed payments to the claimant/respondent (hereafter Belcom ?) by MMTC. 2. The facts relevant for this case are that on 14.10.1991, Contract No.35 was executed between MMTC and Belcom for sale of 50,000 metric tonnes of Muriate of Potash (MOP) at a price of Rs. 2,766.50 per metric ton. This was an F.O.B. contract.. The said contract contained a payment clause by which MMTC was to open a Letter of Credit with the Bank for Foreign Trade of USSR, Minsk “ Bank of Foreign Economic Affairs [hereafter BFEA ?], valid for a period of 90 days. The relevant portion of t...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
R.S. Sarkaria, J.1. This reference to the Constitution Bench raises a question in regard to the constitutional validity of death penalty for murder provided in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC, 1973.2. The reference has arisen in these circumstances :Bachan Singh, appellant in Criminal Appeal No. 273 of 1979, was tried and convicted and sentenced to death under Section 302, Indian Penal Code for the murders of Desa Singh, Durga Bai and Veeran Bai by the Sessions Judge. The High Court confirmed his death sentence and dismissed his appeal.3. Bachan Singh's appeal by special leave, came up for hearing before a Bench of this Court (consisting of Sarkaria and Kailasam, JJ.). The only question for consideration in the appeal was, whether the facts found by the Courts below would be 'special reasons' for awarding the death sentence as required under Section 354(3) of the CrPC 1973.4. Shri H.K. Puri, appearing as Amicu...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
1. This reference to the Constitution Bench raises a question in regard to the constitutional validity of death penalty for murder provided in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC, 1973.2. The reference has arisen in these circumstances :Bachan Singh, appellant in Criminal Appeal No. 273 of 1979, was tried and convicted and sentenced to death under Section 302, Indian Penal Code for the murders of Desa Singh, Durga Bai and Veeran Bai by the Sessions Judge. The High Court confirmed his death sentence and dismissed his appeal.3. Bachan Singh's appeal by special leave, came up for hearing before a Bench of this Court (consisting of Sarkaria and Kailasam, JJ.). The only question for consideration in the appeal was, whether the facts found by the Courts below would be "special reasons" for awarding the death sentence as required under Section 354(3) of the CrPC 1973.4. Shri H.K. Puri, appearing as Amicus Curiae on behal...
Tag this Judgment!Court : Delhi
* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 10.2018 Pronounced on:22. 04.2019 LPA No.359/2017, CM Nos.17922/2017, 20160/2017, 33383- 84/2017, 47167/2017 & 660/2018 BAYER CORPORATION ..... Appellant Through: Mr. Sudhir Chandra, Sr. Adv. with Mr. Sanjay Kumar, Ms. Arpita Sawhney and Mr. Arun Kumar Jana, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh and Mr. Shashwat Jain, Advs. for R-1 & 6. Ms. Rajeshwari, Adv. for R-2 & 5. Ms. Saya Choudhary Kapur, Mr. Vivek Ranjan and Mr. Devanshu Khanna, Advocates for Interveners. RFA(OS)(COMM) 6/2017, CM Nos.17508/2017 & 32128- 29/2017 BAYER INTELLECTUAL PROPERTY GMBH & ANR ..... Appellants Through: Mr. Guru Krishna Kumar, Sr. Advocate with Mr. Pravin Anand, Mr. Nishchal Anand and Mr. Sanchith Shivakumar, Advs. versus ALEMBIC PHARMACEUTICALS LTD. ..... Respondent Through: Ms. Saya Choudhary Kapur, Mr. Vivek Ranjan and Mr. Devanshu Khanna, Advs. FAO (OS) (COMM) 169/20...
Tag this Judgment!Court : Chennai
Reported in : 1991(53)ELT312(Mad)
S. Mohan, Off. C.J.1. All these appeals can be dealt with under a common judgment. They arise out of the order passed by our learned brother Nainar Sundaram, J., in W.P. No. 4062 to 4067 of 1980. 2. The short facts leading to the filing of the writ petitions were as follows : We will confine ourselves to the facts in W.A. No. 321 of 1987 which will be sufficient to highlight the issue. The petitioners-appellants are a Small Scale Unit holding Registration Certificate No. 18/07/20688/PMT/SSI dated 7-12-1976. They are manufactures of Stainless Steel Utensils among other things. For the purpose of the manufacture of stainless steel utensils, they import Stainless Steel Circles. They imported H. T. Stainless Steel Circles as per s.s. S. 737 for the manufacture of stainless steel utensils and cleared the goods under Bill of Entry No. 147 dated 4-9-1979. The duty was assessed by the concerned Customs Officer under the Item 73.15(2) of the Schedule to the Indian Customs Tariff Act, 1975. 3. ...
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad434; 1963CriLJ636
S. Ramachandra Iyer, C.J.1. This appeal, filed against the judgment of Balakrishna Ayyar, J., raises a question as to the constitutional validity of Section 171-A of the Sea Customs Act. That provision has been challenged as void before us on the ground that it contravenes Articles 14 and 20(3) of the Constitution. But the objection to the validity of the section under the first head, namely, that it denies equal protection of laws to persons similarly situate, was not taken before the learned Judge; nor even in the grounds of appeal before us. But in view of importance of the matter and as the learned Advocate-General had no objection to the question being raised at this stage, we have allowed learned counsel for the appellant to argue that point.2. We shall now set out the circumstances which have necessitated the appellant to call to his aid the Fundamental Rights declared under Articles 14 and 20(3).3. The appellant is a merchant at Madras trading under the name of Rainbow Trading ...
Tag this Judgment!Court : Allahabad
1. Heard Sri B.K. Saxena, learned Counsel for the appellant and Sri R.N. Trivedi, Senior Advocate, assisted by Sri Akhilesh Kalra, on behalf of the respondent.2. Before coming to the merits and demerits of the appeal, it would be useful to mention certain relevant background of the case. The parties entered into a contract in March, 1981. On account of dispute, the matter was referred to Arbitrators appointed by the parties. As there was disagreement between the Arbitrators on certain points, the matter was referred to the Umpire, who delivered the Award on 20.3.1998. Thereafter the matter went to the Civil Court. The orders passed by the Civil Court were assailed before this Court in the instant appeal.3. On 18.12.2008, a Division Bench of this Court while hearing the matter came to the conclusion that as the factual dispute is involved it can be adjudicated by the mediator. On the agreement of the parties, the matter was relegated to mediator for amicable settlement. Later on Justice...
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