Court : Orissa
Decided on : Nov-12-2008
Reported in : 2009(I)OLR407
Sanju Panda, J.1. Invoking inherent jurisdiction under Articles 227 of the Constitution of India, the petitioners have filed this writ petition challenging the order dated 18.9.2008 passed by the learned Civil Judge (Senior Division), Bhadrak in O.S. No. 336 of 1997.2. Opposite parties 1 and 2 as plaintiffs filed Original Suit No.336 of 1997 in the Court of learned Civil Judge (Senior Division), Bhadrak for partition. After the suit was filed, the order of status quo was passed on 30.4.1998 at the initial stage of the suit. In the said application, the specific prayer made by the plaintiffs was that defendants 7, 16 to 18 and 26 be injuncted from cutting the trees standing on the suit land, digging the earth, constructing new house by preparing bricks and from putting fence over the suit land. The said order of status quo is still continuing.While the matter stood thus, defendants 16,17 and 18 purchased the aforesaid suit land by the virtue of the registered sale deed dated 3.9.1986. T...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-2008
Reported in : (2008)151PLR723
Vijender Jain, C.J.1. This is a petition where small number of lawyers, though members of the District Bar Association, Hisar have formed a separate association for seeking allotment of land for construction of chambers for their association only and thus acting against the interest of the majority of the members of the entire Bar, which in our opinion, is not in the collective interest of the legal fraternity as well as litigants thronging the Courts and thus administration of justice.2. Facts in brief are that around 200 lawyers practising at District Hisar, who are members of the District Bar Association, Hisar, formed a Lawyers' Chambers Welfare Association, Hisar (for short Association). The Association seeking construction of chambers got itself registered and applied for the aforesaid relief, to the government. The case was processed by the District Administration and recommended for allotment of required land for construction of lawyers' chambers for the members of the Associat...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2008
Reported in : II(2008)DMC596
Kanwaljit Singh Ahluwalia, J.1. By this common judgment, two criminal appeals i.e. Criminal Appeal No. 804-SB of 1997 preferred by Shunti @ Raja, Om Parkash and Rajni and Criminal Appeal No. 865-SB of 1997 preferred by Om Parkash son of Narpat Ram will be decided.2. By the common judgment rendered by learned Additional Sessions Judge, Jagadhari, all these four accused i.e. appellants have been convicted and sentenced under Section 306, IPC to undergo rigorous imprisonment for five years and pay a fine of Rs. 1,000, in default of which to undergo rigorous imprisonment for three months.3. FIR Ex. PK was lodged at the instance of Smt. Darshana Devi P.W. 1. She has stated in the FIR that she has got six sons and two daughters. His eldest son is Uttam Chand and younger to him is Ashok Kumar. Ashok Kumar was married with Rajni, appellant, about three years before the occurrence in Kalyan Nagar, Jagadhari. It is stated that from the marriage two daughters and one son was born. She further sta...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-04-2008
Reported in : [2009]147CompCas267(P& H)
Permod Kohli, J.1. These two appeals arise out of an order dated August 1, 2006 (Vijay Kumar Chopra v. Smt. Sudershan Chopra [2007] 140 Comp Cas 1), passed by the Principal Bench of the Company Law Board at New Delhi. It is relevant to briefly notice the factual background of the case (facts are being noticed from Company Appeal No. 21).2. The parties to the present appeals are shareholders and directors on the board of the company, namely, 'Hind Samachar Ltd.', a closely held company incorporated in August, 1949, under the Indian Companies Act, 1913. The company has its registered office at Hind Samachar Buildings, Civil Lines, Jalandhar and branches at other places. The company is engaged in printing and publishing of newspapers, journals, magazines, books, etc., in Urdu, English, Hindi and Punjabi. One of its famous publications is Urdu daily newspaper 'Hind Samachar'. The company was initially formed by late Lala Jagat Narain, a renowned journalist of his time who was father of app...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-17-2008
Reported in : AIR2009P& H73; (2009)153PLR469
Rakesh Kumar Jain, J.1. The substantial question of law involved in this appeal is that in case a testator bequeaths his property jointly to two lineal descendants by way of a Will and if one of the legatees dies during the life time of the testator, whether the bequeathed property would be taken away by other surviving legatee in terms of Section 106 of the Indian Succession Act, 1925 (in short 'the Act') or if the legatee dies during the life time of the testator leaving behind his mother as Class-I heir and has no lineal descendant, should the mother take the share of that legatee in view of Section 109 of the Act and whether mother is a lineal descendant.2. The facts firstThe appellant is the mother-in-law of respondent Bhupinder Kaur;Kartar Singh (deceased) had two sons called Ujjagar Singh and Saudagar Singh. Ujjagar Singh had a wife Surjit Kaur and two sons Harinder Singh and Avtar Singh. Harinder Singh had a wife Bhupinder Kaur and a minor son Amritpal Singh, whereas Avtar Sing...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-2008
Reported in : AIR2009SC1290; 2008BusLR335(SC); (2008)2MLJ1140(SC); 2008(3)SCALE24; (2008)4SCC380; [2008]82SCL435(SC); 2008(1)LC339(SC)
C.K. Thakker, J. 1. Leave granted. 2. Both these appeals have been instituted against common judgment and order passed by the Division Bench of the High Court of Judicature at Bombay (Original Side) dated February 20/21, 2006 in Appeal Nos. 449-450 of 2005 in Company Petition No. 857 of 2004. First appeal has been filed by Severn Trent Water Purification Inc. while the second appeal is filed by Chloro Controls (India) Pvt. Ltd. 3. The facts giving rise to the present appeals, in brief as noted by the Division Bench of the High Court are as follows. 4. Severn Trent Water Purification Inc., USA (hereinafter referred to as "Severn Trent") filed a petition for winding up the Capital Controls (India) Private Limited (hereinafter referred to as 'the Company') on just and equitable grounds under Section 433(f) of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The learned Company Judge by his order dated 21st April 2005 admitted the company petition. Aggrieved thereby two appe...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-14-2008
Reported in : AIR2008SC1738; 2008(5)ALLMR(SC)424; 2008BusLR403(SC); [2008]143CompCas97(SC); (2008)2CompLJ496(SC); 2008(3)SCALE650; (2008)6SCC750; [2008]83SCL451(SC); 2008(1)LC583(SC); 2008AIRSCW2402; 2008(2)Supreme502; 2008(4)KCCRSN299
S.B. Sinha, J.1. Leave granted.2. M/s. Shree Bhaarathi Cotton Mills Private Limited is a company registered and incorporated under the Companies Act, 1956 (For short, 'the Act'). Out of the 2,84,000 equity shares in the company of Rs. 10/- each, 2,83,999 shares are held by the first respondent and his son (appellant herein). The remaining one share is held by M/s. Visva Bharathi Textiles Private Limited, shares in which again is held equally by the first respondent and the appellant. Thus, for all intent and purport, all shares of the company are held by the appellant and the first respondent. 3. Whereas the first respondent is the Managing Director of the Company, the appellant is the Director thereof. Indisputably the parties are not on good terms. 4. Respondent No. 1 filed an application purported to be under Sections 397 and 398 of the Act alleging several acts of oppression on the part of appellant herein before the Company Law Board, Additional Principal Bench, Chennai. The said ...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-27-2008
Reported in : AIR2008SC2763; 2008(4)ALD11(SC); 2008(4)AWC3426(SC); 2008(56)BLJR2012; (SCSuppl)2008(4)CHN201; 2008(4)CTC355; (2008)7MLJ826(SC); 2008(8)SCALE698; 2008(2)LC733(SC); 2008AIRSCW4595; 2008(3)CivilLJ470; 2008(4)Supreme153; 2008(3)LH(SC)2237
S.B. Sinha, J.1. Leave granted.2. Whether a disciple attached to a Mahant in one of the establishments run by a Religious Trust will have locus standi to maintain an appeal from an order of the District Judge allowing an application filed by the Trust under Section 92(1)(f) of the Code of Civil Procedure, 1908 (for short, 'the Code') is the short question which arises for consideration in this appeal. 3. One Swami Sarupanand was the founder of the Math. He was disciple of Swami Advaitanand. The latter was a religious preceptor of great learning and had a large following. Swami Sarupanand took his Samadhi at Meerut in March 1936 and according to his wishes Swami Atmavivekanand became the Mahant. He was succeeded by Swami Harsewanand who in turn was succeeded by Swami Harshankaranand. Swami Harshankaranand died on 22.02.1993. He had three disciples; Sarnanand, Premanand and Smt. Tapesara. Premanand died on 10.06.2005. He was succeeded by Swami Shankaranand. Appellant is said to have succ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-10-2008
Reported in : 2008(56)BLJR2300; JT2008(7)SC614; 2008(9)SCALE787; (2008)8SCC708; 2008AIRSCW6034; 2008(8)SCC708; 2008(3)Crimes160
C.K. Thakker, J.1. Leave granted.2. The present appeals have been instituted by the appellants against the judgment and order dated 19th July, 2007 passed by the High Court of Kerala in Criminal Revision Petition No. 4126 of 2006 and companion matters. By the impugned order, the High Court dismissed revision petitions filed by the appellants herein as also by the State of Kerala.3. To understand the issue raised in the present appeals, few relevant facts may be stated:4. The appellants are partners of M/s LIS, Ernakulam, a partnership firm engaged in the business of sale of lotteries and magazines after collecting advance money. They floated a scheme known as 'LIS Deepasthambham Scheme'. The scheme was simple in its conception. A person has to pay Rs. 625/- and purchase one unit of lotteries from the promoters. The promoters will make use of Rs. 350/- to purchase 35 lottery tickets of the Kerala State Government each of Rs. 10/- for the unit holder for the next 35 weeks. If the unit ho...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-16-2008
Reported in : 2008(121)ECC1; 2008(157)LC1(SC); JT2008(8)SC426; 2008(10)SCALE498; 2008AIRSCW5954.
Ashok Bhan, J.1. The instant appeal has been filed by the Revenue under Section 35L of the Central Excise Act, 1944 against the final judgment and order No. 1-1255/KOL/2001 dated 23rd November, 2001 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern Bench, Kolkata (for short 'the Tribunal'), whereby the Tribunal has set aside the order passed by the Commissioner.2. The three Bills of Entry which are the bone of contentions in the present case are detailed below:(i) Bill of Entry Sl. No. 2256 dated 30th April, 1998, per Vessel X-Press Singapore Voy-257, Rot. No. 258/98 dated 7th April, 1998, Line No. 97, Country of origin - India, Goods 135 cartons 2/64 NM Merino Wool 100% Raw White on paper cone, Assessable Value - Rs. 36,63,829/-. (ii) Bill of Entry Sl. No. 2440 dated 29th May, 1998, per Vessel S.S. Acacia V. 818, Rot No. 370/98, Line No. 154, Country of Origin - India, Goods - 20 pallets Polyester 100% Semi Dull Ring Spun Yarn for weaving NE 24/2, Assessable...
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