Court : Mumbai
Decided on : Jan-15-2004
Reported in : 2004(3)ALLMR426; 2004(6)BomCR957; 2004(3)MhLj702
..... on the subject, we are of the view that the impugned order dated 17-10-2002, is not sustainable in law. the same is hereby quashed and set aside. letters patent appeal is allowed. writ petition no. 1282 of 2000 is restored on the file of this court.so far as interim relief is concerned, learned single judge would be entitled ..... d.d. sinha, j.1. admit. heard finally by consent of the parties.2. letters patent appeal is directed against the impugned order, dated 17-10-2002, passed by learned single judge, whereby writ petition bearing no. 1282 of 2000 filed by the appellant came to .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-27-2004
Reported in : AIR2004All277; 137STC399(All)
..... general revenue.45. moreover, it has been observed in the seven judge bench decision of the supreme court in automobile transport limited case (supra) (vide paragraph 19).'..................... and paying not patently much more than what is required for providing facilities.'46. the above observation clearly implies that while it is true as pointed out by the two judge bench of the ..... a tax is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying _not patently much more than what is required for providing the facilities.' 36. similarly in atiabari tea company limited v. state of assam (supra) it has been observed by the five judge ..... a tax is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. it would be impossible to judge the compensatory nature of a tax by a meticulous test and in the nature .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-12-2004
Reported in : (2004)138PLR651
..... limitations. thus, the order is hereby set aside. the orders passed by the chief commissioner gurdwara elections dated 22.6.2004 and 26.6.2004 do not suffer from any patent error of law which would justify intervention by this court under article 226 of the constitution of india. the writ petition of the petitioner is allowed in the above terms ..... was paid and later amounts were due. the petitioner was stated to be a trustee of sri guru ram dass charitable hospital and, thus, had misappropriated the funds. this reasoning patently suffers from legal in firmities. firstly it was for the deputy commissioner to declare the petitioner as an undischarged insolvent. such proceedings could be taken only under the provisions of ..... appellate or a revisional court. re-course to this power has to be restricted to such exceptional cases where the orders or actions questioned of the lower forum suffers from patent error of law or jurisdiction.30. the nomination papers of the petitioner which were accepted by the returning officer were rejected by the deputy commissioner, as already noticed, on the ..... have to be examined on its own merits to determine the application of such power. certainly the order of the deputy commissioner, as already discussed by us, suffers from a patent error of law and jurisdiction. we would express in no uncertain terms that the powers exercisable by the chief commissioner gurdwara elections under section 47-a of the act and .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-12-2004
Reported in : (2005)139PLR238
..... law no. (ii) raised in the present appeals read with additional question of law no. (iii), learned counsel for the appellants strenuously urged that the courts below have committed a patent error of law in deciding this issue by adopting a total casual approach and in complete disregard to the statutory and mandatory provisions of the forest law as interpreted by ..... of the site plan of the proposed forest hill country club resort which were submitted vide letter ex.p5'. it is thus apparent that the courts below have committed a patent error in placing reliance upon ex.p3/a and to hold as if the plaintiff society had actually applied in the prescribed form under section 5 read with section 6 ..... view that where the concurrent findings of fact recorded by the courts are based upon surmises and conjecturers, and/or perverse not based upon legally acceptable evidence or which are patently contrary to the settled law and/or such findings stand vitiated on wrong test and on the basis of assumptions, the high court is well within its jurisdiction to deal ..... , the issue raised are serious or concurrent findings recorded by the courts below are based on surmise and conjecture arc perverse findings not based on legally acceptable evidence and/or patently contrary to the law declared by the apex court, the powers of the high court to interfere in such findings of facts even in second appeal is not hampered by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-07-2004
Reported in : AIR2004SC3634; 98(2004)CLT544(SC); 2004(3)CTC536; [2004(4)JCR79(SC)]; (2004)3MLJ169(SC); 2004(5)SCALE674; (2004)6SCC497
..... court. the learned judge also highlighted the difference inherently inbuilt in the definition of 'hereditary trustee' in section 6(11) and 'trustee' in section 6(22) of the act. letters patent appeal was filed by the sabha in l.p.a. no. 275/1995 which was allowed and the judgment therein is the subject matter of challenge in the present appeal .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-16-2004
Reported in : [2005(105)FLR364]; (2005)ILLJ824Guj
..... financial loss only, is not established since financial loss caused to the bank was not worked out. i also find that the division bench in the decision rendered in letters patent appeal no.730 of 2002 had observed that the impugned orders were made in the year 1988 and at a distant point of time, it would not be proper to ..... guilty of suppression of material facts since, in his submission, the above decisions of learned single judge as well as the division bench in letters patent appeal were passed in case of the very same bank and as per the contention of the counsel for the respondent, under similar circumstances which, fact has not been stated ..... learned single judge of this high court in special civil application no.8091 of 1988 as well as the decision of a division bench of this high court in letters patent appeal no.730 of 2002 upholding the decision of the learned single judge mentioned above. learned advocate for the respondent has also strongly urged before me that the petitioner is .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-2004
Reported in : 2004(3)ALLMR52; 2004(3)MhLj187; 2004(28)PTC362(Bom)
..... sons : air1999bom369 and in the case of marico industries limited and anr. v. sarfaraj trading company and ors. : air2003bom102 . the purpose of granting leave under clause 14 of the letters patent has been considered in these decisions. applying the principles stated in these decisions, i find no impediment in examining the issues raised in this suit, including that of passing off ..... have jurisdiction, as the plaintiff's are having registered office within the ordinary original jurisdiction of this court. if that is so, by virtue of clause 14 of the letters patent, this court is competent to grant leave so as to examine the claim relating to passing off. reliance has been rightly placed on the decisions of our high court in .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-23-2004
Reported in : 2005(1)ALLMR135; 2004(5)BomCR256; 131CompCas565(Bom); 2004CriLJ1979
..... court. certainly such an act on the part of the respondents cannot be allowed to go without being punished. in my considered opinion, therefore, this is a clear case of patent wilful violation of the court's direction issued under the order dated 4-5-2000. it is a also to be noted that in spite of further opportunity being given .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-11-2004
Reported in : AIR2004Bom294; 2004(3)BomCR485
..... orders of the commission unless the high court is satisfied that the order of the commission is perverse or not based on evidence or on misreading of the evidence or patently erroneous. in west bengal electricity regulatory commission v. cesc ltd. : air2002sc3588 (supra) the supreme court in paragraph no. 69 of its judgment observed :'...............we have no hesitation in holding that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-15-2004
Reported in : (2005)107BOMLR755; 2004(4)MhLj1068
..... judge, nagpur.3. at the outset, mr. morande, the learned counsel for the applicant states that both the orders passed by the additional sessions judge and chief judicial magistrate are patently illegal and without jurisdiction inasmuch as, no offence under section 500 or 501 read with 34 of indian penal code is made out against the applicant. he further submits that ..... is made out and therefore, issuance of process by the learned chief judicial magistrate in respect of offence alleged, which is confirmed by the revisional court, in my opinion is patently illegal and deserves to be quashed and set aside. it is well settled that the jurisdiction under section 482 of criminal procedure code has to be exercised to secure the ends of .....Tag this Judgment!