Court : Supreme Court of India
Reported in : 2003(1)ALD85(SC); 2003(2)ALLMR(SC)380; (2003)1MLJ92(SC); (2003)2SCC464; [2002]SUPP5SCR557
D. Raju, J.1. The unsuccessful plaintiff, who lost before the Trial Court but able to get relief before a learned Single Judge of the High Court, has originally field the above appeal, having once again lost her claims before a Division Bench of the Madhya Pradesh High Court. The plaintiff-Bajrangi filed the suit case No. 1-A/77 Civil on the file of the District Court, Morena, for declaration of title and recovery of possession of the suit property which is a house situated at Shyopur Kala city, more fully described in the plaint. The suit originally was filed against three persons M/s. Jagannath who claimed to be adopted son and Shankarlal and Badruddin, the tenants. After the death of Jagannath his legal heirs have been brought on record. On the demise of Shankarlal also, his legal heirs have been brought on record. Though the suit filed as early as on 12.10.68 was disposed of on 22.12.78, on an appeal before the High Court, the matter was by an Order dated 21.1.83 remanded to the Tr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2122; 2003(1)ALLMR(SC)1193; I(2003)BC376(SC); [2004]118CompCas22(SC); 2003(1)CTC508; [2003(1)JCR301(SC)]; 2003(5)KarLJ1; (2003)2SCC15; [2003]42SCL109(SC); [2002]SU
1. Heard learned counsel for the parties.2. This appeal is by the plaintiff - Bank aggrieved by the impugned judgment and decree of the High Court dismissing their first appeal and affirming the judgment of the trial court. The appellant-Bank filed suit for recovery of total amount of Rs. 16,15,091.05 against the defendants. The appellant advanced loan of three kinds to the defendant No. 1 and defendant Nos. 2 and 3 were the guarantors. When the defendants failed to make payment of the amount borrowed, the plaintiff was constrained to file the suit. The defendants resisted the claim of the plaintiff on various grounds. In view of the pleading of the parties, the trial court framed the following issues:-'1. Whether defendants have agreed to pay interest at 5% per annum above the Reserve Bank of India rate subject to minimum of 11% per annum, to be compounded quarterly?2. Whether the interest claimed is highly excessive and exorbitant under the Usurious Loans Act?3. Whether plaintiff is ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(151)ELT259(SC); (2003)11SCC393
ORDER1. Heard the learned counsel for the parties. Being aggrieved and dissatisfied with the judgment and order dated 22nd November, 1994 passed by the Customs, Excise and Gold (Control) Appellate Tribunal in Appeal No. E/850/91, the appellant has filed this appeal. The Tribunal by the impugned judgment arrived at the conclusion that 'tapsa yarn' manufactured by the appellant was classifiable under Central Excise Tariff Chapter Heading 56.06. Being aggrieved by the same, the appellant has filed this appeal. 2. It has been contended by the learned counsel for the appellant that subsequent to the aforesaid judgment the Tribunal has taken a contrary view in Pratik Crimpers v. Collector of Central Excise, Mumbai and in S.J. Vasania Silk Mills Ltd. v. Commissioner of Central Excise . It is pointed out that in both these cases the Tribunal has referred to the circular dated 10th October, 1988 issued by the Department, the relevant part of which reads as under : 'In view of the above, it is c...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2088; JT2002(10)SC565; (2003)1SCC687; [2002]SUPP5SCR515
R.C. Lahoti, J.1. Pursuant to the National Education Policy, 1986 the Government of India established Jawahar Navodaya Vidyalaya (JNV) over the country. Such schools became operational for 27 States and 6 Union Territories of the country. The schools are c-educational residential schools placed under the care of an independent organization called Navodaya Vidyalaya Samiti, completely financially aided from Government of India. Admissions in JNV are done in class VI through an entrance examination called Navodaya Selection Examination. The medium of education till class VIII is mother-tongue or regional language. From IXth standard English medium is resorted to for imparting instructions in mathematics and science. For Social Science, Hindi is the medium. The students of these schools sit in class Xth and XIIth examinations conducted by Central Board of Secondary Education. The aims of the scheme are: (i) through the policy of migration to increase national unity amongst the students: (...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2003)180CTR(SC)309; [2003]259ITR684(SC); (2003)11SCC344
ORDER1. The appeal is directed against the judgment of the Jaipur Bench of the Rajasthan High Court dismissing the appeal under Section 260A of the Income-tax Act, 1961 (for short, 'the Act'), carried by the Revenue against the order of the Income-tax Tribunal dismissing its appeal.2. Section 80HHC of the Act permits certain deductions to be made from the profits earned out of the business of export of goods. There is, however, an Explanation (aa) added thereto, which reads as under :''export out of India' shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in India, not involving clearance at any customs station as defined in the Customs Act, 1962 (52 of 1962).'3. The Explanation explains what is 'export out of India'. Any transaction by way of sale or otherwise in a shop or emporium which does not involve clearance at a customs station as defined in Customs Act, 1962, is thereby excluded from the expression 'export out...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(10)SC524; (2003)1SCC504
ORDERSantosh Hedge, J.1. This Contempt Petition was filed alleging disobedience of an undertaking given by the State of Tamil Nadu in CA No. 5605/95 on 28.7.1995. The appellant who appeared in person has complained that during the pendency of CA No. 5605/95 before this Court, he had expressed an apprehension that the documents which were necessary for the prosecution of the persons involved in Special Calender Case No. 10/1997 before the Court of Special Judge No. II/XII Additional Judge, Chennai, may be tampered with or destroyed, and in view of the said apprehension, the learned counselappearing for the State of Tamil Nadu had given an undertaking in that Civil Appeal that the said documents as well as their originals will be kept in safe custody. The petitioner herein also contends that at that relevant time, respondent was the Chief Secretary of the State of Tamil Nadu therefore he was bound by the said undertaking. The further complaint of the petitionerin this petition is that co...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2005)193CTR(SC)592; [2005]142TAXMAN547(SC)
ORDERThe assessment years in question are 1985-86, 1986-87 and 1987-88, It is not in dispute that the assessments had in fact been completed under section 143(3) of the Income Tax Act, 1961. Subsequently, re-assessment proceedings were completed under section 147. The revenue sought to impose penalty under section 273(2)(aa) on the assessee in respect of the order passed under section 147.2. The contention of the assessee was that in view of the decision of this court in Modi Industries Ltd. v. CIT : [1995]216ITR759(SC) , the penalty proceedings under section 273 would not lie in respect of an assessment under section 147 and that the phrase regular assessment used in section 273 referred to the original assessment made under section 143(3).3. The Tribunal upheld the submission of the assessee. A reference was made under section 256(2) before the High Court on the following question :'Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that pena...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC785; 2003CriLJ4935; (2002)10SCC362
Santosh Hegde, J.1. Appellant Suraj Bhan and four others were charged for an offence punishable under Sections 148, 302, 325 & 323 read with Section 149 IPC for having committed the murder of one Kehar Singh on 20.3.1989 at about 8 a.m. before the Additional Sessions Judge, Sonepat. Learned Sessions Judge by his judgment dated 3.3.1992 convicted all the appellants under Section 302 read with Section 149 and sentenced them to undergo imprisonment for life. It also sentenced the accused before it for offences under Sections 148, 149 & Section 325 read with Section 149 and Section 323 read with Section 149. In appeal before the High Court of Punjab & Haryana, the High Court acquitted accused Ram Nivas A-3, Santosh A-4 and Darshan A-5 of all the offences charged against them, giving them the benefit of doubt. While it convicted Jagmender A-1 for an offence under Section 325 IPC and confirmed the sentence awarded on this count by the learned Sessions Judge. However, in regard to the appella...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2084; (2003)1MLJ98(SC); (2003)9SCC393; [2002]SUPP5SCR522; 2003(1)LC384(SC)
R.C. Lahoti, J.1. Leave granted.2. These appeals by special leave lay challenge to an order of the High Court whereby two civil revisions filed by the respondent herein under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 (hereinafter, 'the Tamil Nadu Act', for short) feeling aggrieved by a common order disposing of two appeals, have been held to have been filed within the period of limitation. The High Court has condoned the delay in filing the revision petitions subject to payment of Rs. 750/- by way of costs by the petitioner to the respondent before it. The respondent in the High Court has filed these two appeals by special leave.3. The facts in brief. The appellate order, which is the subject matter of revision in the High Court, was passed on 25.9.2001. Application for obtaining certified copy of the order was made on 9.11.2001. Certified copy was delivered on 24.12.2001. The civil revisions were filed in the High Court on 2.1.2002. The High Court has h...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC833; (SCSuppl)2003(2)CHN123; [2003(1)JCR242(SC)]; JT2002(10)SC417; (2003)1SCC726; [2002]SUPP5SCR530
R.C. Lahoti, J.1. The State of Uttar Pradesh took a policy decision as evidenced by G.O. dated 25.5.1995 for remission of the lease of the river bed Yamuna where sand and moram along with bajri bolder, reta or anyone of them is found in mixed condition. The policy decision contemplates such areas as are completely new and have been searched by the applicant himself being leased our on 'first come first serve' basis. As provided by the G.O. based on the opinion of Directorate of Geology and Mining, the term of such lease shall normally be between three to five years. 2. The petitioner applied for one such sand mining lease in accordance with the policy, decision contained in the G.O. The Collector, Gautam Budh Nagar granted the said lease to the petitioner. The lease was executed for a period of one year w.e.f. 3rd June, 1998. Before the expiry of the term of the lease, the petitioner sought for a renewal for another period of two years. The Collector granted such extension vide order d...
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