Court : Supreme Court of India
Reported in : 2000(2)SCALE382; (2000)10SCC213
ORDER1. The main contention raised by learned Counsel for the appellant is that the National Commission ought to have allowed the claim on the basis of the report of the Surveyor who had recommended payment of Rs. 41,13,127.87/- for the value of the gunny bags destroyed in the fire.2. The National Commission before which this question was raised, considered the evidence on record and ultimately recorded a finding that the appellant itself by its letter dated 19.12.1989 had invited quotation from various insurance companies for a Fire Policy setting out the details as under:I. Fire Policy Stock of Sugar 400 Lakhs Stock of gunnies 12 Lakhs Stock of Sulphur & Chemicals 6 Lakhs Stock of stores and spares 35 Lakhs Total value of Fire Policy 453 Lakhs3. The entire stock lying in the premises of the appellant was destroyed by a major fire accident which took place on 15.11.1990 and although the Policy had not till then been issued by the respondents, the claim raised by the appellant was not ...
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1999)ACC638; JT1999(10)SC346; (1999)123PLR704; 1999(6)SCALE571; (2000)10SCC421
ORDER1. Respondent No. 1 is Akhil Bhartiya Grahak Panchayat Hindu Dharma Sanskriti Bhawan which is represented by its President Mr. Ashok Trivedi. He has argued this case on behalf of Respondent No. 2 who had purchased a Prestige Pressure Cooker of five litres' capacity, from M/s. Meghna Metals, Nagpur, on 21.10.1986 with ten years' guarantee. On 10.11.1989, the Cooker suddenly burst and exploded causing fracture in the right hand of Ms. Meenal Telrandhe, wife of Respondent No. 2. The appellants were informed of the accident on 4.1.1991 and were required to pay Rs. Five Lakhs as compensation besides Rs. 38,000/- incurred as expenses for the treatment of Mrs. Meenal.2. Respondent No. 2 approached the State Commission with the above claim which was allowed for a sum of Rs. One Lakh as compensation and Rs. 38,000/- for medical expenses with a further direction to the appellants to replace the Pressure Cooker by a new one.3. The order of the State Commission was challenged in appeal before...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)10SCC212
The Text below is only a summarized version of the order pronouncedIn this criminal appeal preferred against conviction for murder, the court relying on circumstantial evidence upheld the conviction order passed by the High Court. The prosecution successfully established the chain of circumstances leading to the guilt of accused. Hence no interference in the Order of High Court was warranted....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)10SCC225
ORDER 1. The appellant has been convicted under Section 302 IPC and has been sentenced to imprisonment for life by the High Court on setting aside the order of acquittal by the learned Sessions Judge. As per the prosecution case on 27-2-1976 there was a gathering in the house of one Bhana and both the accused and the deceased had attended the said gathering. At that place the accused is said to have demanded from the deceased to repay the loan the deceased had taken which the deceased denied. Shortly, thereafter the accused and deceased left the place and started moving for their respective houses. PWs 2 and 3 were following them closely. On the road there was a quarrel between the accused and the deceased and then the accused suddenly brought out a knife and gave the blow on the chest of the deceased. PW 1 lodged the report at 9.00 a.m. next day at the police station, on the basis of which the investigation started and ultimately on completion of investigation charge-sheet was s...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)10SCC246
The Text below is only a summarized version of the order pronouncedThe High Court failed to exercise his jurisdiction vested in law in not discussing the evidence and not coming to his own conclusion while dismissing the criminal appeal filed by the appellant-accused and in maintaining the conviction under Section 302 IPC read with Section 34 and 307 read with section 149. While deciding the appeal filed by the accused convicted under Section 302 IPC, the Court has to examine all the relevant and material circumstances before upholding the conviction and so the matter is remitted to the high Court and the impugned judgment of the High Court is set aside....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)10SCC216
The Text below is only a summarized version of the order pronouncedThe appellant challenged the permission given to the respondent enabling him to appear in section c and D Examination conducted by Calcutta University. The Supreme Court held that though the respondent was exclusively shifted from teaching Town & Regional Planning to Architecture was not qualified to appear in Section C examination as the eligibility of two and a half years experience of a full time teacher was not fulfilled by the respondent. This made respondent ineligible for the Section D examination also as the University regulation provided that unless a private candidate has passed section C examination he cannot appear section D examination....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)9SCC197
S.P. Bharucha,; B.N. Kirpal,; V.N. Khare,; D.P. Mohapatra; N. Santosh Hegd, JJ.1. The appellant is the State of Andhra Pradesh. The respondent is the A.P. State Road Transport Corporation. The respondent is wholly owned by the appellant. The dispute is in regard to the sale by the respondent of old tyres, tubes and the like. According to the appellant, the respondent is liable to pay sales tax on such sales. According to the respondent, it carries on no business and, therefore, is not liable to pay.2. To our mind, this is a waste of the Court's time, given that the appellant wholly owns the respondent. It will benefit, in real terms, neither the appellant nor the respondent, whichever way we decide.3. We note that the issue no longer survives because the law stands amended with effect from 1996. We also note that this is the only matter before us and that there is no material to indicate that any matter pertaining to a private assessee has not been disposed of because the decision on t...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)10SCC249
The Text below is only a summarized version of the order pronouncedThe appellant was convicted for murder on the basis of the evidence of child witness and hence assailed that the conviction for offence under Section 302 could not be made on the basis of the testimony of child witness. The Apex Court while confirming the conviction of the appellant by the High Court held that the evidence relied on by the Courts below suffers from no infirmity as the child who was the solitary witness had sufficient maturity to depose as to what he saw and nothing was brought out in the cross-examination to have an iota of doubt about his capacity to depose....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC94; (2000)1CALLT57(SC); (1999)156CTR(SC)380; [1999]240ITR355(SC); JT1999(7)SC544; 1999(6)SCALE257; (1999)8SCC338; [1999]Supp3SCR254
ORDERM.B. Shah, J.1. This appeal is filed by UCO Bank, Calcutta against the judgment and order dated 25th July, 1991 passed by the High Court of Calcutta in Income Tax Reference No. 73 of 1989. At the instance of revenue, the Income Tax Appellate Tribunal referred the following two questions for the opinion of the High Court under Section 256(1) of the Income Tax Act, 1961 for the assessment year 1982-83:1. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in cancelling the CIT's order under Section 263 of the Income-tax Act holding that the case of State Bank of Travancore v. CIT, Kerala : [1986]158ITR102(SC) is not applicable to the facts of the present case?2. Whether on the fact and in the circumstances of the case, the Tribunal is correct in law in holding that the notional loss in the investment trading (India) to the extent of Rs. 7,45,35,029 by working out a difference between the book value of shares as shown in the final account and t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC33; 1999(113)ELT358(SC); (2000)2GLR1863; JT1999(7)SC522; 1999(6)SCALE285; (1999)8SCC744
ORDERB.N. Kirpal, J.1. The main question which arises in all these appeals by special leave is whether while assessing customs duty payable in respect of imported goods, the customs authorities can add/include landing charges in arriving at the value of those goods. The facts which are relevant for deciding the issue are similar. For the sake of convenience we will refer to the facts in the case of Garden Silk Mills Limited in greater detail.2. The appellants in these appeals had imported polyester yarn from abroad. The transactions for sale and purchase between the foreign supplier and the appellant company were in the nature of CIF contracts i.e. price included costs, insurance and freight charges. These contracts normally provide CIF price for the port of discharge. It is not in dispute that under a CIF contract the price which was paid included not only the cost of the goods but also the insurance and freight charges.3. The customs authorities, in determining the value of the goods...
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