The other set of appeals pertaining to Tata Steel consists of four appeals. Very briefly, the consequence of beneficiation of coal is upgrading or improving its quality from the ROM coal. is only procedural and such contention is not in consonance with the scheme of the Code. So, Beneficiation of ROM raw coal is done to reduce the ash content to bring up to Steel Grade coal. In the aforesaid provision the legislature had employed the words before any Court in which any case of which he has charge.
We have been apprised that a carbon copy of a document is filed to show the compliance of Section 154(3), indicating it has been sent to the Superintendent of police concerned. Adivarachari (3) a Full Bench of the Madras High Court was dealing with a suit in (1) (1911) 15 C. In Bhimpappa Basappa Bhu Sannavar v. When a citizen avails a loan from a financial institution, it is his obligation to pay back and not play truant or for that matter play possum. It is stated that the 62 section deals with sugar delivered to the export agency, and here there was no sugar delivered.
1, who is presently occupying the position of Vice-President, neither the loan was taken, nor the default was made, nor any action under the SARFAESI Act was taken. It is interesting to note that during the tenure of the appellant No. Though Chapter XXIV deals with ‘General provisions as in inquiries and trials’, it also contains various sections dealing with substantive rights of the parties. The first subsection deals with export, and the export agency can only export sugar delivered to it.
9016-17/2014 and are directed against a common judgment and order dated 12th March, 2014 passed by the Jharkhand High Court Proclaimed Offender Law Firm in Chandigarh W. gives substantive right to the Public Prosecutor who is in charge of a case to appear and plead without any written authority in any Court in which that case is under trial, inquiry or appeal. We may also refer to another decision of the Madras High Court in which this question has been considered. The second subsection authorises the export agency to sell the sugar for reasons given in the first sub-section.
It also encourages the unscrupulous and unprincipled litigants, like the respondent no. Whether the petitioners have exposed themselves to any penalty can only be considered when penalty is actually imposed on them. is a simple application to the court for issue of a direction to the investigating agency. Such a situation should not happen. These appeals filed by Tata Steel arise out of S. In my view, Section 301(1) Cr. The appellant is not right in contending that Section 301 Cr.
However, the action under the SARFAESI Act was taken on the second time at the instance of the present appellant No. The question that, therefore, arises is what is the consequence of beneficiation? We are slightly surprised that the financial institution has been compelled to settle the dispute and we are also disposed to think that it has so happened because the complaint cases were filed. It also authorises the export agency to permit the owner to sell sugar in his custody.
1504/2009 it is also clear that as far as Tata Steel is concerned, Washery Grade IV coal that it extracts needs to be beneficiated to make it usable in the steel industry and the controversy is limited to the issue of payment of royalty – whether it is payable on raw or unprocessed or ROM coal at the pit-head or it is payable on processed Steel Grade coal. In Criminal Appeal Lawyer in Chandigarh jurisdiction means ordinarily a proceeding for the prosecution of a person alleged to have committed an offence.
Laxman Shivarayappa Samagouda and others explaining the word case the court held:- The word case is not defined by the Code but its meaning is well- understood in legal circles. The present lis can be perceived from another angle. Section 8 deals with export of sugar or its sale by the owner or the export agency. For use in Blast furnace for steel making, we require clean coal of uniform quality at low ash %. As the factual exposition would reveal, he had prosecuted the earlier authorities and after the matter is dealt with by the High Court in a writ petition recording a settlement, he does not withdraw the criminal case and waits for some kind of situation where he can take vengeance as if he is the emperor of all he surveys.
We are only stating about the devilish design of the respondent No. 3 to harass the appellants with the sole intent to avoid the payment of loan. As we have noticed, he has been able to do such adventurous acts as he has the embedded conviction that he will not be taken to task because an application under Section 156(3) Cr. In other contexts the word may represent other kinds of proceedings but Top Law Firm in Chandigarh High Court the context of the sub-section it must mean a proceeding which at the end results either in discharge, conviction, or acquittal of an accused person.
In the Convenience Volume handed over to us, with reference to beneficiation of coal, it is stated by Tata Steel as follows: “The crushed raw coal (ROM) has ash percentage varying from 22% to 40% and moisture of 3% to 5%. Issuing a direction stating “as per the application” to lodge an FIR creates a very unhealthy situation in the society and also reflects the erroneous approach of the learned Magistrate. In the present cases, there was a demand for delivery of the sugar of the quota, and that has not been met.
3, namely, Prakash Kumar Bajaj, to take adventurous steps with courts to bring the financial institutions on their knees.