advocatemmmohan
appellate jurisdiction
sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are set aside = Ashfaq Ahmed Quereshi & Anr. …Appellants Versus Namrata Chopra & Ors. …Respondents = judis.nic.in/supremecourt/filename=41096
sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are … Continue reading
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank is in the nature of proceedings , he can not avail the protection – in this case , he filed application in proceedings , High court rightly dismissed the application = Inderjeet Arya and another …. Appellants Verses ICICI Bank Limited …. Respondent = Published in judis.nic.in/supremecourt/filename=41087
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank … Continue reading
Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155- provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong = Veer Singh & Ors. .. Appellant(s) versus State of U.P. .. Respondent(s) = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41065
Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155– provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong … Continue reading
Market fee on castor seeds purchased by company in the market area of Agricultural Produce Market Committee, Baroda (for short “APMC”) – Apex court held as the company bought the seeds , it is not entitled for any exemption for fee as it is agriculture product = The respondent-Company, manufacturing castor oil from out of the castor seeds purchased by it comes under the jurisdiction of the market area of the APMC and therefore, it is liable for paying the market fees/cess for the trading activities carried out by it in the market area. APMC levied market fee on the castor seeds bought by the Company on the basis that castor seeds were brought within the market area of APMC. = AGRICULTURAL PRODUCE MARKET COMMITTEE ……APPELLANT Versus BIOTOR INDUSTRIES LTD. & ANR. ….RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41040
Market fee on castor seeds purchased by company in the market area of Agricultural Produce Market Committee, Baroda (for short “APMC”) – Apex court held as the company bought the seeds , it is not entitled for any exemption for fee as it is agriculture product = The respondent-Company, manufacturing castor oil … Continue reading
Cancellation of Railway tender on technical point is not illegal nor arbitrary to interfere by courts – Apex court confirm the judgement of division bench = Maa Binda Express Carrier and Anr. …Appellants Versus Northeast Frontier Railway and Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41031
Cancellation of Railway tender on technical point is not illegal nor arbitrary to interfere by courts – Apex court confirm the judgement of division bench = invited tenders for the grant of a three year lease of 23 tonnes of space in VPH (Parcel Van) on train No.15960/15959 Kamrup Express. Among those who … Continue reading
Company petition = Since company not paid entire sale consideration after allotment of plot by the A.P.I.I.C.Ltd., – and after cancellation of plot and forfeit of amount, the official liquidator of the company can not lay any rights over the plot which was cancelled by the A.P.I.I.C.Ltd., as ownership was not transferred = The A.P.I.I. Corpn. Ltd. …..Appellant. Versus M/s. Team-Asia Lakhi Semiconductors Ltd. (in liquidation) rep. by the Official Liquidator, Hyderabad & Anr. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41026
Company petition = Since company not paid entire sale consideration after allotment of plot by the A.P.I.I.C.Ltd., – and after cancellation of plot and forfeit of amount, the official liquidator of the company can not lay any rights over the plot which was cancelled by the A.P.I.I.C.Ltd., as ownership was not transferred = … Continue reading
Section 468 of the Cr.P.C – F.B .= Whether for the purposes of computing the period of limitation under Section 468 of the Cr.P.C the relevant date is the date of filing of the complaint or the date of institution of prosecution or whether the relevant date is the date on which a Magistrate takes cognizance of the offence? = Mrs. Sarah Mathew … Appellant Versus The Institute of Cardio Vascular Diseases by its Director – Dr. K.M. Cherian & Ors. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40992
Whether for the purposes of computing the period of limitation under Section 468 of the Cr.P.C the relevant date is the date of filing of the complaint or the date of institution of prosecution or whether the relevant date is the date on which a Magistrate takes cognizance of the offence? … Continue reading
Interim orders in suits filed by purchasers against developer – Single Judge of High Court directing not to register any agreement in respect of the flat of appellant, which was not subject matter of the suit – Notion of Motion by appellant – Interim order recalled – Appeals – Division Bench of High Court staying operation of order of Single Judge and directing the money deposited by plaintiff and appellant with developer to the credit of one of the suits and to be invested in FD – Held: Division Bench of High Court while deciding the Notice of Motion has exceeded its power and jurisdiction in commenting on the conduct of the appellant stating that she approached the court on the basis of false and fabricated documents – When the main suits are pending, particularly, the appellant is a stranger in the pending suits, such observation is not warranted and, as such, is deleted – The developer having deposited the money as directed by High Court, it safeguards the interests of plaintiff – Trial Court directed to decide the suits on merit – Administration of justice – Strictures. = Vasanti Bhat …. Appellant(s) Versus Premlata A Agarwal & Anr. Etc. …. Respondent(s) = Published in http://judis.nic.in/supremecourt/helddis.aspx
INTERIM ORDERS: Interim orders in suits filed by purchasers against developer – Single Judge of High Court directing not to register any agreement in respect of the flat of appellant, which was not subject matter of the suit – Notion of Motion by appellant – Interim order recalled – Appeals – Division Bench of High … Continue reading
A public interest lititation writ of quo warranto the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office but can not order for recovery of salary/honorarium = Central Electricity Supply Utility of Odisha ……Appellant Versus Dhobei Sahoo & Ors. …..Respondents = http://judis.nic.in/supremecourt/filename=40949
A public interest lititation writ of quo warranto the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and … Continue reading
Cryptic and non-speaking orders not maintainable and are liable to be set aside
High court with out discussing the pleadings- with out assigning valid reasons – cryptically quashed the complaint which was taken cognizance by Lower court by it’s non-speaking orders – Apex court set aside & remanded for afresh disposal = the impugned judgment does not disclose as to how this finding was … Continue reading
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