//
archives

London

This tag is associated with 7 posts

MODVAT – REFUND OF THE SAME WITH INTEREST AFTER 30 DAYS – the company is liable to pay MODVAT under Central Excise Act on HSD oil used in manufacturing yarns etc., and also liable to pay interest as it was not refunded with in 30 days of notice as the exemption granted to HSD oil was withdrawn by a Notification by central Govt. – High court wrongly find a fault on the government – allowed the writs – Apex court set aside the orders as there is no challange abount the vlaidity of notification or about sec.112 of Finance Act – they can not escape liability to refund the availd MODVAT with interest DESPITE OF NOTIFICATION = Union of India & Ors. Appellants Versus Maharaja Shree Umaid Mills Respondent = published in / cited in / Reported in judis.nic.in/supremecourt/filename=41098

      MODVAT –  REFUND OF THE SAME WITH INTEREST AFTER 30 DAYS –    the company is liable to pay MODVAT under Central Excise Act on HSD oil used in manufacturing yarns etc., and also liable to pay interest as it was not refunded with in 30 days of notice as the exemption … 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

Sec.6, 33,35,38, Art. 23,47 – A of Schedule 1-A of the Stamp Act – admissibility of a document- an agreement of sale= OMPRAKASH Vs. LAXMINARAYAN & ORS. published in judis.nic.in/supremecourt/filename=40861

Sec.6, 33,35,38, Art. 23,47 – A of Schedule 1-A of the  Stamp  Act – admissibility of a document-     an agreement of sale with delivery of possession scribed on Rs.50/- only – admissible only on payment of stamp duty and penalty – irrespective of pleadings.        In  the  present  case,  an     … Continue reading

So far as the appeal filed by the State of Rajasthan, viz. Civil Appeal No. 1494 of 2008 is concerned, it mainly challenges the impugned judgment on the ground that by virtue of methodology directed to be employed in the said judgment, the State would suffer substantial loss as the lessee company, viz. Hindustan Zinc Limited would be paying much less royalty than what it is supposed to pay. 3. On the other hand, an appeal has also been filed by Hindustan Zinc Limited as it has been aggrieved by the direction issued by the High Court, whereby the amount of royalty has been directed to be re-calculated.=The negligible contents of metal which remains in the mining area by way of tailings, slimes or rejects, which are returned to the mother earth cannot be said to be the part of metal content in the ore produced. “Dumped tailings or rejects may be liable to payment of royalty if only they are sold or consumed”.- whether the details given by the lease holder on the basis of which royalty is calculated is correct. Upon carefully going through the impugned judgment and the judgment delivered by the learned Single Judge of the High Court, we find that the courts below did not commit any mistake in arriving at the conclusion that the holder of the lease was not liable to pay the amount demanded under the impugned notices because, by virtue of Notification dated 12th September, 2000 read with the relevant Rules, the lease holder is supposed to pay royalty only on the contents of metal in ore produced and not on the metal contained in the tailings, rejects or slimes which had not been taken out of the leased area and which had been dumped into dumping ground of the leased area. For the afore-stated reasons, we do not find any substance in the appeal and therefore, the appeal is dismissed with no order as to costs. So far as the present appeal is concerned, it has been filed by Hindustan Zinc Limited as it has been aggrieved by the directions whereby the matter has been ordered to be remitted to the mining engineer for re-computing the royalty payable on lead and zinc contained in the ore produced. The submission on behalf of the appellant-company was to the effect that as the entire concentrate has been taken out of the leased area and as the quantity of concentrate of lead and zinc was very much known, it was not necessary to give such a direction because there is no question with regard to re-computation of royalty on the basis of metal contained in ore produced. We find substance in what has been submitted because the metal concentrate which had been taken out from the leased area is known to the parties and therefore, it is not necessary to have any further details regarding the ore produced by the appellantcompany. 40. We, therefore, quash the afore-stated direction and the appeal filed by the appellant-company is allowed to the above effect with no order as to costs.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1494 OF 2008 State of Rajasthan & Ors. …..APPELLANTS VERSUS Hindustan Zinc Ltd. & Anr. ….RESPONDENTS WITH CIVIL APPEAL NO. 1526 OF 2008 J U D G M E N T ANIL R. DAVE, J. 1. Being aggrieved by the judgment … Continue reading

the appellant besides working as the Minister of Railways was the Head of the two Public Sector Undertakings in question at the relevant time. It also appears from the materials on record that the four persons while in London had assisted the appellant in performing certain tasks connected with the discharge of duties as a Minister. It is difficult to visualise as to how in the light of the above facts, demonstrated by the materials revealed in the course of investigation, the appellant can be construed to have adopted corrupt or illegal means or to have abused his position as a public servant to obtain any valuable thing or pecuniary advantage either for himself or for any of the aforesaid four persons. If the statements of the witnesses examined under Section 161 show that the aforesaid four persons had performed certain tasks to assist the Minister in the discharge of his public duties, however insignificant such tasks may have been, no question of obtaining any pecuniary advantage by any corrupt or illegal means or by abuse of the position of the appellant as a public servant can arise. As a Minister it was for the appellant to decide on the number and identity of the officials and supporting staff who should accompany him to London if it was anticipated that he would be required to perform his official duties while in London. If in the process, the Rules or Norms applicable were violated or the decision taken shows an extravagant display of redundance it is the conduct and action of the appellant which may have been improper or contrary to departmental norms. But to say that the same was actuated by a dishonest intention to obtain an undue pecuniary advantage will not be correct. That dishonest intention is the gist of the offence under section 13(1)(d) is implicit in the words used i.e. corrupt or illegal means and abuse of position as a public servant. A similar view has also been expressed by this Court in M. Narayanan Nambiar vs. State of Kerala[1] while considering the provisions of section 5 of Act of 1947. If the totality of the materials on record indicate the above position, we do not find any reason to allow the prosecution to continue against the appellant. Such continuance, in our view, would be an abuse of the process of court and therefore it will be the plain duty of the court to interdict the same.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELATE JURISDICTION CRIMINAL APPEAL No. 1804 of 2012 (Arising out of SLP (Crl.) No.3841 of 2012) C.K. Jaffer Sharief … Appellant Versus STATE (Through CBI) …Respondent J U D G M E N T RANJAN GOGOI, J Leave granted. 2. The judgment and order of High Court of … Continue reading

subsequent allegations by parents not valid=The victim after sustaining burning injuries gave statement to the police to the effect that she sustained the burns in accidental fire when she was lighting wooden stove by pouring kerosene in it with a mug. The said statement of the victim-Ex.P.5 was registered by the police as FIR in this case. On that basis, originally the case was registered under Section 174 Cr.P.C. It is stated that the victim also gave similar statement to the Magistrate as dying declaration. But the said dying declaration was not marked by examining the Magistrate. Therefore, the lower Court should not have placed reliance on such dying declaration. During life time of the victim she did not go back on Ex.P.5 – statement given to the police. Subsequent to the death of the victim, parents and relations alleged dowry harassment against the accused. – MMMLAWREPORT

subsequent allegations by parents not valid=The victim after sustaining burning injuries gave statement to the police to the effect that she sustained the burns in accidental fire when she was lighting wooden stove by pouring kerosene in it with a mug. The said statement of the victim-Ex.P.5 was registered by the police as FIR in … Continue reading

It is true that there is no actual delivery of the possession pursuant to the gift said to have been made by five sisters in favour or five brothers. The property admittedly belonged to father Syed Md. Mahibullah who died in 1954. Thereby all the brothers and sisters become owners to the extent of their shares they had succeeded to the property. Thus all of them are co-owners. It would be open to the sisters to relinquish their right by way of gift, even oral, which is valid in personal law. Since the tenant has been in occupation, it would be constructive delivery of the possession. Delivery of the physical possession to the brothers, in the circumstances, is not warranted. As regards the family settlement of the brothers, it would open to the brothers to resolve the prospective dispute by way of family settlement. The brothers having agreed for the settlement, though they have been impleaded as party-respondents to the suit, they have not challenged the family settlement nor have they contested the validity thereof. It is not necessary, in the circumstances, that all the brothers be present at the settlement. relinquishment of the property would operate as a gift by the sisters and delivery of possession is a pre-condition. Since possession was not delivered to the brothers, the gift by the sisters is not valid in law.

PETITIONER: M/S. TARAKNATH & ANR. Vs. RESPONDENT: SUSHIL CHANDRA DEY BY LRS.& ORS. DATE OF JUDGMENT: 08/04/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: 1996 SCC (4) 697 JT 1996 (5) 272 1996 SCALE (4)332 ACT: HEADNOTE: JUDGMENT: O R D E R Leave granted. We have heard learned counsel on both … Continue reading

Blog Stats

  • 2,848,829 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,901 other followers

Follow advocatemmmohan on WordPress.com