Court : Supreme Court of India
Reported in : 2001(2)ALD(Cri)83; JT2001(4)SC422; (2001)9SCC742
ORDER1. In Writ Petition No. 1442/1983, Damodar H. Bajaj and Ors. v. Municipal Corporation of Greater Bombay and Ors., the appellant herein filed a separate affidavit on behalf of respondent No. 4. A learned Single Judge of Bombay High Court while deciding the said writ petition found that the appellant has made false statement on oath and also adduced evidence known to be false and fabricated. Under such circumstances, the learned Single Judge, in exercise of power under Section 340 Cr. PC issued notice to the appellant to show cause for having committed offence referred to under Clause (b) of Sub-section (1) of Section 195 Cr. PC In compliance thereof, the appellant appeared through his Counsel. The learned Single Judge in the said inquiry, prima facie, found that the appellant has intentionally made false statement on oath and adduced evidence known to be false and fabricated and, therefore, the Rule was made absolute and direction was issued for filing complaint before the Magistra...
Tag this Judgment!Court : Supreme Court of India
ORDERK. Jagannatha Shetty, J.1. These are defendants' appeal and special leave petition arising out of a suit for possession brought by Balwant Singh -- the plaintiff. In the Special Leave Petition, we condone the delay and grant leave. The suit was dismissed by the Court of first instance and the dismissal was affirmed by the appellate Court but decreed by the High Court in the second appeal.2. The issue raised in the appeal is of considerable importance and it relates to the construction of Section 15 of the Hindu Succession Act, 1956 ('the Act'). One Smt. Mahan Kaur, wife of Jaimal Singh inherited from her husband certain agricultural land measuring 110 kanals 12 marlas situate in village Hamhal, Jakhe Pal in Sangrur District. Some of the lands were under mortgage and are in possession of defendants 2 to 6. After coming into force of the Act, Mahan Kaur died intestate. On being informed that there was no heir entitled to succeed to her property, the Revenue Assistant Collector sanct...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(4)SC419; (2001)9SCC734
ORDER1. I.A. Nos. 1 to 7 of 2000 are allowed.2. Leave is granted.3. This appeal is directed against the order of the High Court of Punjab & Haryana at Chandigarh in Writ Petition No. 18454/96 passed on November 16, 1999. The appeal arises out of the proceedings under the Punjab Security of Land Tenures Act, 1953 (in short the 'Punjab Act') and Haryana Ceiling on Land Holdings Act, 1972 (in short the 'Haryana Act').4. To appreciate the facts in this case it would be necessary to narrate the relevant facts. The appellant held extensive lands including the land in dispute as owner in the erstwhile State of Punjab. In the first round of litigation under the Punjab Act the lands in possession of the appellant were computed and the prescribed authority by his order dated October 22, 1963 found that there was no surplus land. The first round of proceedings under the Punjab Act ended in its favour. But the appellant by further acquisition of land invited problem for recomputation under the Pun...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)165CTR(SC)395
Ruma Pal, J.The question to be decided in this appeal is whether the appellant was an exporter for the purposes of section 80HHC of the Income Tax Act, 1961.2. The appellant processes sea foods. It exported some of its products directly to foreign buyers but it was not an eligible export house under the Import and Export Policy 1982-83 (hereinafter referred to as 'Policy') and it could not avail of the special facilities granted to eligible export houses under the policy. An agreement was entered into between an export house and the appellant on 24-8-1982 by which the appellant agreed to export the processed sea food in the name of the export house against purchase orders placed on the export house by foreign buyers so that the export house could claim the benefits under the policy in consideration for which the appellant would be paid 2.25 per cent of the FOB value of the goods exported. In terms of the agreement, the appellant's processed sea foods were to be sold to the export house...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC590; 2001(73)ECC429; 2001(127)ELT649(SC); JT2001(1)SC394; 2001(1)SCALE88; [2001]1SCR184
RUMA PAL, J.The question to be decided in this appeal is whether the appellant was an exporter for the purposes of Section 80HHC of the Income Tax Act, 1961. The appellant processes sea foods. It exported some of its products directly to foreign buyers but it was not an eligible export house under the Import and Export Policy 1982-83 (referred to as the `Policy') and it could not avail of the special facilities granted to eligible export houses under the Policy. An agreement was entered into between an export house and the appellant on 24th August, 1982 by which the appellant agreed to export the processed sea food in the name of the export house against purchase orders placed on the export house by foreign buyers so that the export house could claim the benefits under the Policy in consideration for which the appellant would be paid 2.25% of the FOB value of the goods exported. In terms of the agreement, the appellant's processed sea foods were to be sold to the export house after the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC557; [2001(88)FLR939]; JT2001(2)SC74; (2001)ILLJ698SC; (2001)2MLJ117(SC); 2001(1)SCALE84; 2001(1)LC413(SC); (2001)1UPLBEC831
S. N. Variava, J.1. These apples are against the Judgment dated 23rd September, 1997.2. Briefly stated the facts are as follows: 3. The Appellant claimed that they had ceased operation from 1984. In Suit No. 1937 of 1985, filed by Bank of Madura, Court Receiver, High Court Bombay was appointed as Court Receiver for all the assets of the Appellant's Company on 28th November, 1985. The workers, through their Unions filed various proceedings before the Labour Court, claiming their arrears of wages, retrenchment benefits, terminal benefits etc. A number of Awards came to be passed by the Labour Court. The workers carried their dispute all the way upto this Court. On 21st March, 1988, this Court passed an order wherein, inter alia, directions were issued to the High Court to look into the question whether there was any scope for restructuring the mill and if there was no scope for restructuring the mill, then to close down the same so that the employees could be retrenched with effect from ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC746; 2001(1)ALD(Cri)266; 2001ALLMR(Cri)1038(SC); 2001(1)ALT(Cri)304; (2001)2CALLT8(SC); 2001CriLJ978; (2001)3GLR2341; JT2001(1)SC410; 2001(1)SCALE284; (2001)3SCC22
Shah, J.1. After trial in TADA Case Nos.2/93, 7/93 and 2/94, by judgment and order dated 8th January, 1997, the Designated Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad, acquitted 16 accused and convicted 5 accused, appellants herein, namely, A1 Lal Singh, A2 Mohd. Sharief, A3 Tahir Jamal, A4 Mohd. Saquib Nachan and A20 Shoaib Mukhtiar. The appellants were convicted for the offences punishable (1) under Section 3(3) of Terrorist and Disruptive Activities (Prevention) Act. 1987 (hereinafter referred to as 'TADA Act') and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000/- each and in default to suffer R.I. for 6 months; (2) under Section 120B(1) of IPC and sentenced to suffer R.I for 10 years and to pay a fine of Rs.5000/- each, in default to suffer R.I. for 3 months. They were further convicted for the offence punishable under Section 3(3) of TADA Act read with Sec. 120B IPC but no separate sentence was awarded. Accused No.1 was additionally convicted for the offen...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(3)SC538; (2002)9SCC421
A.S. Anand, C.J.,; R.C. Lahoti and; Doraiswamy Raju, JJ.1. Leave granted.2. Shorn of all details, the essential facts required to be noticed in these appeals are as follows:Acquisition proceedings commenced with the preliminary notification issued under Section 4 of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as “the Act”) on 13-5-1960. It was followed by a declaration under Section 6 of the Act on 3-5-1961. The award was made on 9-1-1964. According to the respondents, the acquisition of 3 bighas and 10 biswas of land from Khasra No. 35 had been wrongly included in the award dated 9-1-1964. The respondent, therefore, filed a writ petition being WP No. 2935 of 1992 for protecting his rights in respect of 3 bighas and 10 biswas of land comprised in Khasra No. 35. The writ petition was resisted mainly on the plea that in the award made as early as in 1964, 3 bighas and 10 biswas of land in Khasra No. 35 had been included. It was also maintained that posse...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC665; 2001(127)ELT655(SC); JT2001(1)SC599; 2001(1)SCALE225; [2001]1SCR195; [2001]121STC450(SC)
Kirpal, J.1. Special leave granted.2. The only question which arises for consideration in this case is whether Fully Automatic Washing Machine can be regarded as 'electronic goods' so as to attract a lower rate of sales tax.2. The undisputed facts are that the appellants are manufacturers and dealers in televisions, audios, washing machines etc. and are registered dealers with the Sales Tax Department at Hyderabad. Though the appellants deal in both Semi and Fully Automatic Washing Machines, the present controversy is only with regard to Fully Automatic Washing Machines.3. Prior to 20th July, 1988, the rate of sales tax leviable on the sale of Automatic Washing Machine was 10 per cent. On 20th July, 1988, by a notification issued in exercise of power contained in Section 9 of the Andhra Pradesh General Sales Tax Act, 1957, the rate of tax payable on the sale of `electronic goods' as defined in the said notification was reduced to 2 paise in a rupee with effect from 1st July, 1988. This...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(6)SCALE10; (2002)10SCC103
ORDER 1. Grave difficulties being faced by Consumer Forums at the district and State levels have been highlighted in this petition which concerns the State of Uttar Pradesh. It appears that forums created under the Consumer Protection Act, 1986 have become non-functional due to an attitude of complete indifference of the State. The very object with which these forums were constituted is getting totally frustrated at the cost of the litigant public. 2. We are informed that as early as in October 1999 a meeting had been convened of the Presidents of State Consumer Disputes Redressal Commissions to assess the requirements of the Consumer Fora at the district and State levels taking into account the workload as was existing in 1999 and was expected to rise in future. Certain resolutions were passed at that meeting. On the basis of those resolutions a report was submitted to the Ministry of Consumer Affairs, Government of India, by Shri S.P. Bagla. A copy of that report has been...
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