Jurisdiction -- Assessing Officer - Recovery Proceedings - Mere fact that appeal is pending before the commissioner of Income tax (Appeals) after the orders of Tribunal does not oust the jurisdiction of the Assessing Officer to initiate recovery proceedings on the basis of order passed by it - Such recovery proceedings shall be subject to final decision in appeal by..........
General Clauses Act, 1897, Section 6, Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 67A -- Effect of Repeal - No claim was pending or forwarded by petitioner at time of repeal, no question of revival of anything which was not in force or existing at time of repeal - Repeal cannot revive anything, which was not pending at that stage - Petition not..........
Criminal Procedure Code, 1973, Section 82, 482 -- Quashing of order - Proclaimed offender - Plea of summons issued on previous address - Material available on record reveals petitioners are very much aware of criminal Proceedings pending before court - First time final report was presented before area judicial magistrate and since then petitioners were tracking proceedings..........
Industrial Disputes Act, 1947, Section 25F, 17B -- Payment of compensation - Validity - Workman put almost 1 1/2 years of service on daily wages - Workmen never reported for duty when the dispute started more than 30 decades back - Petition has been pending from 12 years with the fact that workman never reported for duty - Workman were already compensated with a specific..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction in Sentence - Accused is a poor truck driver having an onerous burden of maintaining the entire family being the sole bread-winner - Presence of accused at the time of occurrence stands proved - Accused is a first offender - No other case pending against him - Accused suffering the agony of trial for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Merely because first application had remained pending till its withdrawal and second application was decided it would be no ground to deny eviction - Held, it was only at instance of petitioner, earlier petition was withdrawn and no decision was taken - Petitioner cannot seek any benefit from said..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex-parte decree - It is apparent that defendants had adequate notice of date of hearing and had time to appear and answer petitioner's claim - Defendants were well aware of pending proceedings - Moreover, application for setting aside ex-parte decree is also time barred - Hence, application for setting aside..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 439 -- Bail - Robbery - Accused is juvenile and has undergone custody of more than two years - Co-accused who was major have already been released on bail - Although one more case is pending against the petitioner but since he is juvenile, bail is allowed...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused demanded and accepted a bribe of Rs.500 from complainant for clearing his pending bills - Tainted currency notes recovered from possession of accused which is proved by complainant, independent recovery witness and trap laying officer - Number of tainted currency notes tallied with memo..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Motive - Accused demanded and accepted a bribe of Rs.500 from complainant for clearing his pending bills - Mere fact that accused himself was not competent to clear the bills is no ground to presume that accused had no motive or occasion to demand the bribe...........
