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Now there’s a big difference. A power majeure is something that comes about that could be unforeseen with the functions, that is totally out of their arms and that causes the top in the agreement or will cause the agreement to get breached. As an example it can be an act of terrorism, an act of war, it could be a armed service coup, it could be a thing just like a purely natural disaster – Excessive weather conditions, and these are examples, the latter two – so a purely natural disaster, Extraordinary climatic conditions – these are typically samples of an act of God. So an act of God is a certain kind of pressure majeure. If I can’t carry out the deal due to the fact, as an example, we are contracting to promote an auto and the automobile is struck by lightening than that’s an act of God. There’s nothing at all that both party could have carried out to stop that. So an act of God is really a style of power majeure. Power majeure is a more typical expression. And the last two text that we will take a look at – damages and compensation. Just what exactly do you think that the difference between these phrases is? Alright, nicely damages is really a solution. It is really what you are asking the court for whenever you sue any person. So let’s say we have a deal, there’s a breach of agreement circumstance. I agreement along with you, you fall short to fulfil you side of the cut price Which prices me income. I’d sue you for damages. And damages would be the authorized English expression for what is sometimes referred to in additional general English as payment. Payment has a much more common that means. It really is something that I can perform or a person can do for making up for any bad condition they’ve triggered. Let’s say I’ve been caused an harm. I am able to possibly get compensation from somebody’s insurance company. But damages is a particular remedy. It truly is a selected authorized English expression. So if I go to court docket, I am suing you for breach of agreement, I am suing for damages. As an example a thousand euros in damages. I’m staying compensated, it’s a kind of compensation even so the technical authorized English term is damages. And notice its damages. We usually utilize the “s” on the end. You could induce damage to my auto.. so problems.. and I’d personally and that means you for damages. Properly that’s all I might like to look at today. Subsequent time we’re going to take a look at these terms: Freehold and leasehold; void and voidable; error and fraud from the inducement. Yet again these are typically phrases that are really very similar but have really distinctive meanings and you could find out what these text indicate by visiting the TransLegal Learners’ Dictionary of Law. So When you’ve got time amongst now and afterwards, have a consider the dictionary, evaluate these conditions, see if you will find out exactly what the distinctions are and we’ll endure them next week. Thanks very much.

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7 of the Essential Supplies (Temporary Powers) Act, 1946, on the allegation that they had sold their old stock of steel for prices higher than those prescribed by the said notification. The respondent company was registered a stock-holder under the Iron and Steel (Control of Production and Distribution) Order, 1941 issued by the Central Government in exercise of its powers under r. Section 4 empowers the Government to direct a revenue survey of any Taluqdari estate; section 5 lays down what particulars the Settlement Registers prepared by the Survey Officer in respect of a taluqdari estate shall contain.

This again showed that whether the “jama ” be actually paid or not, the ” Lal-liti ” lands held by the appellants formed part of a taluqdari estate. Therefore, they fall within the definition of the expression TELEGRAPH[3] occurring under Section 3(1)(AA) of the Telegraph Act. 11B of the Order decreasing the prices already fixed for all categories of steel by Rs. One of such particulars is ” the name and description and the nature and extent of interest of every alienee and of every incumbrancer of the estate or any portion thereof together with a specification of (i) the aggregate area over which such interest extends; (ii) the amount and nature of rent or land revenue, if any, payable or receivable by such alienee and incumbrancer, etc.

All services, which were opened up to private investment referred to above, are EM wave based services. It lays down how the ” jama ” of a taluqdar’s estate is to be calculated: it says that the aggregate of the survey assessments of the lands composing such estate, minus such deduction, if any, as the Government shall in each case direct, shall be the ” jama “. Now, the preliminary objection taken on behalf of the respondent workmen is that the decision of the Labour Appellate Tribunal merely says that the claims to bonus for the relevant years have not been adjudicated and therefore the terms of the reference have not been fully worked out; it is contended that this means that some other Tribunal -“-ill have to decide what bonus, if any, is payable by the Banks to their employees, and no sucr Tribunal having been so long appointed, there is at the present stage no enforceable award within the meaning of the Industrial Disputes Act 1947, and the appeal accordingly is premature and incompetent.

It is not disputed before us, and the High Supreme Court of India has referred to it, that in the Settlement Registers prepared in respect of the two villages in question under s. 11 of the relevant notification and on that misconception it came to the conclusion that the terms of reference had not been exhausted, a conclusion the correctness of which the appellants are entitled to challenge by way of appeal or else they will be bound by the decision that the reference is still pending and can be worked out by another Tribunal.

The respondents moved the High Supreme Court of India under Art. It was bilingual with Latin and English texts on opposite pages and the latter half of the pamphlet according to the report was grossly obscene relating to impure and filthy acts, words or ideas. We accordingly hold that learned counsel for the appellants is not right in his contention that ” Lal-liti ” lands are not part of a taluqdari estate and, therefore, are not ‘taluqdari lands’ within the meaning of the Abolition Act.

XI of the report of the Commission dated July 25, 1955, had actually been made therein and the appel- late decision as so modified shall be the decision of the Appellate Tribunal within the meaning of the Industrial Disputes (Appellate Tribunal) Act, 1950 and the award shall have effect accordingly. 5 of the Gujrat Taluqdars’ Act, 1888, the interest of the appellants in the ” Lal-liti ” lands held by them was shown as comprised within the Dhanduka Taluqdari estate.

11 did not include claims of bonus for particular years in respect of particular banks but related to a general scheme of bonus including qualifications for eligibility and method of payment, and (b) that even a general scheme cf bonus could not be made by reason of the provisions of s. Their contention was that cl. The dispute between the parties in the present case related to bonus: on behalf of the banks it was contended (a) that item 5 of sch. Section 22 of the Gujrat Taluqdars’ Act, 1888, also points the same way.

After dealing with the said facet, the Supreme Court of India referred to various decisions of the English Courts, especially to Hicklin (supra), wherein the Queens Bench was called upon to consider a pamphlet, the nature of which can be gathered from the title and the colophon which read:- The Confession Unmasked, showing the depravity of Romish priesthood, the enquity of the confessional, and the questions, put to females in confession. 10 of the Banking 27 210 Companies Act, 1949; on behalf of the Bank employees it was contended that (a) item 5 included claims for bonus for particular years in respect of particular banks and (b) s.

laid down the test of obscenity in the following words:- I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall it is quite certain that it would suggest to the minds of the young of either sex, or even to persons of more advanced years, thoughts of a most impure and libidinous character.

It is clear that the Commission did not make any recommendation in 209 respect of the bonus claim and the Industrial Disputes (Banking Companies) Decision Act, 1955, does not affect the present appeals; that Act merely gave effect to the modifications recommended by the Commission, but did not give the decision of the Labour Appellate Tribunal any higher sanctity as a statutory enactment. On December 10, 1949, the Iron and Steel Controller issued a notification under cl.

This Act in so far as it is relevant for our purpose said in s. Along with their petition, the appellants filed an annexure marked A”: that annexure, besides showing the lands of the appellants within a taluqdari estate, also showed the “Jama ” payable for each plot of land. Thereafter, the Industrial Disputes (Banking Companies) Decision Act, 1955 (XLI of 1955) was passed to provide for the modification of the decision of the Labour Appellate Tribunal in accordance with the recommendations of the Commission.

11B of the Order was invalid and unconstitutional as it violated Arts. Since the privilege to conduct the activity of establishment, maintenance and working of a TELEGRAPH could be permitted by the Government by private parties under a licence, there arose a need to regulate utilization of frequencies by the LICENSEES for carrying on the business in TELEGRAPHS. We are unable to accept this contention as correct. In the Industrial Disputes Act, 1947, an ‘award’ means an interim or final determination by an Industrial Tribunal of any industrial dispute or of any question relating thereto.

81(2) Of the Defence of India Rules. Crirminal cases were started against the company, its three directors, its general 628 manager and two sales-men under cl. 226 of the Constitution for quashing the said criminal proceedings. It, thus, specifies certain materials which are excluded from the Notification, meaning thereby, if the pulp is made from those specific materials, namely, bamboo hard woods, soft woods, reeds (other than sarkanda) or rags then the manufacturer would not be entitled to the benefit of this Notification.

3 thereof that the decision of the Labour Appellate Tribunal shall have effect as if the modifications recommended in Ch. This clearly showed that these ” Lal-liti ” lands formed part of a taluqdari estate, apart altogether from the question what interest, if any, the taluqdar retained in them after the alienation. This submission we think is correct. On behalf of the appellant Banks it has been submitted that the Labour Appellate Tribunal misconceived the scope of item 5 of sch.

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The first is with regard to publication of photographs of functionaries of the State and political leaders alonwith the advertisement issued. Prithi Singh, resident of Hisar. In such a circumstance, necessary evidence was required to prove how the ownership changed hands and came to be recorded in the name of Jaibir. The rule was framed by the Central Government by virtue of the authority vested in it under s.

According to him, Clause 6 of the agreement provides that the vendor will not be bound to complete the sale, if the labour does not consent to it. Mehta (PW-1), it has been conceded by him that he had no material to show that the refusal of permission by the workmen was instigated by the defendants-respondents herein. Therefore, the said decision in our considered opinion is not applicable to the facts of the present case as in the instant case, as has been held earlier, there have been violations of the terms and conditions of the contract of insurance.

Gupta learned senior counsel has laid immense emphasis on the aforequoted paragraph. That section empowered the Central Government to make rules to carry out the purposes of the Act, in particular to provide for the procedure to be followed by the Board in fixing rates of wages. Miss Aneeja, which would have been present if the acidosis was so advanced. We have already found that the examination for acetone was not made and there was no mention of acetone breath either by Dr.

He also admitted that he had not brought the forms/applications for change of ownership of the scooter in question. Publication of the photograph of an individual be a State or party functionary not only has the tendency of associating that particular individual with either the achievement(s) sought to be highlighted or being the architect of the benefits in respect of which information is sought to be percolated. We are, therefore, of the opinion that there is no sufficient evidence to prove the ownership of the scooter in the name of Jaibir.

13) Learned senior counsel further submitted that the appellant has taken a case of collusion between the defendants-respondents herein with the labour union and in the cross examination of Shri N. We are compelled to observe that the said decision possibly has been cited as an authority as the respondent-corporation was also the respondent therein. Mehta then referred to the examination of the urine for sugar and acetone, and stated that the examination for sugar was insufficient to determine the presence of Ketonuria, which is another name for the acidosis which results in coma.

In such a situation, permission of the Labour Commissioner was required under Section 25-O of the Industrial Disputes Act, 1947 before closing down the unit. This clause was included as the subject matter of sale was not a running business as a going concern but a sale of land per se, meaning thereby, that the business which was being conducted would have to be shut down. This ground ignores the fact that the Working Journalists Wage Board Rules, 1956, which were published on July 31, 1956, were made by the Central Government in exercise of the power conferred upon it by s.

He further mentioned that as per the record, the original registration of the scooter was in the name of one Vipul Kaushal, s/o. He further submitted that if a condition of a contract is for mutual benefit of both the parties then such a condition cannot be waived by a party unilaterally. In the event of equality of votes the Chairman was to have a casting vote. Such a condition cannot be waived unilaterally. In view of this admission alone, the appellant is not entitled to any relief as he has failed to prove his own case.

Only the report prepared by Pavan Kumar, Clerk, allegedly on the basis of the record, is produced. This will require the Supreme Court of India to consider the different aspects of a government advertisement campaign highlighted earlier on which we have reserved our comments. Further, Regulation 56(3)(c)(1) of the Development Control Regulations, 1991 also required permission of the Labour Commissioner in case of conversion from industrial to residential use of the land is purported. Moreover, in the cross- examination Supreme Court of India PW-18, he has accepted that there is cutting in the relevant entry of ownership.

This Rule therefore prescribed that the decision of the Board could be reached by a majority and this was the rule which was followed by the Board in arriving at its decision. That cannot partake the character of primary evidence. We have analysed the decision to appreciate the context and the factual score as depicted in the decision which clearly show that the Supreme Court of India had arrived at indubitable conclusion that there had been no violation of the terms of the contract of insurance.

There can be no manner of doubt that one government advertisement or the other coinciding with some event or occasion is published practically every day. No such evidence has been produced. Therefore, these two conditions were not only for the benefit of one party and in fact, it was for the benefit of both the parties. 20 of the Act and was a piece of delegated legislation which if the rules were laid before both the Houses of Parliament in accordance with s.

Rule 8 provided that every question considered at a meeting of the Board was to be decided by a majority of the votes of the members present and 174 voting.

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Therefore, the applicable law on the date of filing of the return cannot be confined only to the losses of the previous accouting years. The law is well settled that the applicable provision would be the law as it existed on the date of the filing of the return. His task is, therefore, very difficult, especialy when many of the poisons except corrosives and irritants do not show any characteristic postmortem signs and when bodies are in an advanced state of decomposition .

So long as the lease agreement is intact and the civil Supreme Court of India does not order eviction, the respondent has right not only to remain in possession but to oust any licencee/trespasser. Needless to say that by virtue of lease agreement the respondent is at liberty to run the outlet/petrol pump even through third and outside party without any restriction and objection from the appellant. 10,000 and the Chawl valued at Rs. 30,000 to discharge their liability to the Imperial Bank; and the liability to the transferees and their relations and ,friends amounted to Rs.

Likewise, insofar as confessional statement (Mark A) allegedly given by Jaibir is concerned, that is again in another FIR. Firstly, Magistrate was yet to apply the judicial mind to the contents of the complaint and had not taken cognizance of the matter. That agreement recited that the sale deed was to be executed for past debts and for paying off the debts cheques were taken from the transferees and the transferees were put in possession of the houses sold.

Secondly, since summons was yet to be ordered to be issued to the accused, no prejudice would be caused to the accused. Contrary to the usual rule, in conspiracy prosecutions, any declaration by one conspirator, made in furtherance of a conspiracy and during its pendency, is admissible against each co-conspirator. By the final sale deed, the Dhanraj Lane house was also agreed to be conveyed and that house was valued at Rs. He also referred to the decision in the case of The Karimtharuvi Tea Estate Ltd.

Explaining this rule, Judge Hand said: Despite the unreliability of hearsay evidence, it is admissible in conspiracy prosecutions. Regarding admissibility of evidence, loosened standards prevail in a conspiracy trial. It is for this amount of Rs. 39,500 that the properties were conveyed. It may also include carried-forward loss which is required to be set up against future income under Section 72 of the Act. The State of Kerala[3] which is to the same effect.

A request was then made that the transferees should not get the deed registered for two months or at least for eight to fifteen days, because the transferees had (1) (1924) L. On the date on which the deed was executed, also an agreement Ex. The appellant may be the owner of the premises, but by virtue of the lease deed, it is the respondent who has the right to occupy premises. Though, the proposed amendment was not a formal amendment, but a substantial one, the Magistrate allowed the amendment application mainly on the ground that no cognizance was taken of the complaint before the disposal of amendment application.

65 510 commencing a postmortem examination on the body of a suspected case of poisoning, should read the police report and endeavour to get as much information as possible from the relatives of the deceased regarding the quality and quantity of the poison administered, the character of the symptoms with reference to their onset and the time that elapsed between the taking of the poison and the development of the first symptoms, the duration Supreme Court of India the illness, nature of the treatment adopted, and the time of death.

D-3 was executed by the three transferors. We shall come to its admissibility separately. 25,000 were to be conveyed. that it could not be construed that once the dealership stood terminated pursuant to the order passed by this Supreme Court of India, the lease agreement also stood terminated; that the submission to the effect that the proceeding under the 1971 Act had been initiated to circumvent the suit instituted by the appellant was too spacious to be accepted.

Therefore, the situation contemplated under Section 27 of the Evidence Act also does not get attracted. The transferors were evidently in straitened circumstances and immediately needed Rs. Being of this view, the learned appellate Judge recorded the conclusion thus:- As an upshot of the discussion foregoing, it can be safely concluded that the appellant was running a retail outlet only on a leave and licence basis and the moment his dealership licence was terminated, he was bound to vacate the premises which, for all intents and purposes, are public premises.

He will find that in most cases the account supplied by the police and the relatives is very meagre, or incorrect and misleading. It is of relevance to note that when any loss is returned in any return it need not necessarily be the loss of the previous year concerned. Even if the scooter was recovered pursuant to the disclosure statement, it would have made the fact of recovery of scooter only, as admissible under Section 27 Supreme Court of India the Evidence Act, and it would not make the so-called confessional statements of the appellants admissible which cannot be held as proved against them.

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A further inquiry in the nature of a quasi-judicial inquiry, was held by the late Mr. This would negative the Post Office being an agent of the buyer. Rules the power to direct the Post Office to make the delivery to the addressee free or to deliver against a sum different from that originally specified. The remaining witnesses happened to be police officials including the investigating officer. A departmental committee was also set up of three senior officers of the Department to hold a departmental inquiry, and ultimately, as a result of that inquiry, the Minister passed orders of dismissal of the appellant, in August, 1950.

HK Mishra, VR Gupta and SP Jayant examined as PWs 5, 6 and 10 respectively. But it will not be open to this Court in exercise of jurisdiction under Article 32 to go behind or to examine the final verdict reached by a competent court convicting and sentencing the condemned prisoner and even while considering the circumstances in order to reach a conclusion as to whether the inordinate delay coupled with subsequent circumstances could be held to be sufficient for coming to a conclusion that execution of the sentence of death will not be just and proper State of Maharashtra (supra) and also in A.

Prakash examined as PW-2; Kishan Singh examined as PW-3; Satbir Singh examined as PW-4 and Drs. Munshi who was then the Minister For Food and Agriculture in Delhi, and disclosed to him the alleged payment of bribe of Rs. , would not absolve the second respondent from facing the action initiated by the appellant nFor the very same reasons, the stand of the second respondent that he is not an intermediary and his role in relation to GDR was limited to advising for the listing of GDRs etc.

It was held by the Commissioner on the contrary that ‘the learned Deputy Commissioner and members of the Advisory Committee thought that the major son who bears an excellent character should not be punished for the alleged sin of his father’. ” These excerpts from the judgment of the High Court are not exhaustive, but only illustrative of the observation that the High Court appears to have treated an error of fact on the same footing as an error of law apparent on the face of the record.

10,000, as also the fact that the appellant had been receiving arge sums of money by way of bribes for showing favours in the discharge of his duties in the Department. In their statements recorded under Section 313 of the Cr. It was further alleged that Jai Prakash and Har Chand alone were present on the spot at the time of the incident and that the remaining nine accused persons had been falsely implicated.

nState of Gujarat[20], reiterated the same principle and observed:- It is well settled now that a judgment of court can never be challenged under Articles 14 or 21 and therefore the judgment of the court awarding the sentence of death is not open to challenge as violating Article 14 or Article 21 as has been laid down by this Court in Naresh Shridhar Mirajkar v. Further before the goods are delivered to the buyer the seller has under the V. system it becomes an agent of the seller for the recovery of the price and if it fails to recover the price and delivers the goods it is liable in damages to the seller: Mothi Rungaya Chetty v.

The Secretary of State for India (1). Their further case was that on the fateful day Jai Pal was watering his fields when deceased Gopal tried to commit sodomy upon him. Nayak[21] , the only jurisdiction which could be sought to be exercised by a prisoner for infringement of his rights can be to challenge the subsequent events after the final judicial verdict is pronounced and it is because of this that on the ground of long or inordinate delay a condemned prisoner could approach this Court and that is what has consistently been held by this Supreme Court of India.

This shows that 407 whatever be the jural relationship between the seller and the post office in respect of carriage of goods sent by the seller under the V. , they alleged false implication. Therefore a payment to the Post Office is payment to the seller and at the place where the goods are delivered and payment is made. The want of jurisdiction may arise from the nature of the subject-matter of the proceeding or from the absence of some preliminary proceeding or the court itself may not be legally constituted or suffer from certain disability by reason of extraneous circumstances, vide ˜Halsbury, 2nd edition, Vol.

The High Court made the rule absolute by its order dated March 26, 1957, taking the view that the attention of this Supreme Court of India had not been drawn to the interim 1249 settlement of the shop in the absence of an order of stay. 226 and 227 of the Constitution for quashing the order for delivery of possession, on the ground of want of jurisdiction, and for ad interim stay. The High Supreme Court of India issued a rule and passed an order for interim stay on February 26, 1957.

The accused did not lead any evidence in defence. Against the said order, the first respondent moved the High Court under Arts. ˜Certiorari may lie and is generally granted when a Supreme Court of India has acted without or in excess of its jurisdiction. The Minister aforesaid directed thorough enquiries to be made, and the matter was placed in the hands of the Inspector-General of Special Police Establishment. The question, naturally, arises whether an error of fact can be invoked in aid of the power of the High Court to quash an order of a subordinate court or Tribunal.

Patel, therefore approached Shri K.

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Shirur Math (The Commissioner, Hindu Religious Endowments, Madras vs. State of Tamil Nadu; 1972, 2 SCC 11 State of Rajasthan vs. It survives for the purpose of measuring the claims arising out of the breach, and the arbitration clause survives for determining the mode of their settlement. amounted to receipts of income, profits or gains at Ratlam in Part B States? But the question is whether these two reasons are strong enough to discard the testimony of the eye witness in toto.

No doubt certain specific provisions as to payment of gratuity, hours of work and leave are specifically enacted, but when we come to the fixation of rates of wages we find that a wage board has been constituted for the purpose. The principles to be followed by the Wage Board for fixing rates of wages are also laid down and the decision of the Board is to be published in the same manner as awards of industrial courts,under the Industrial Disputes Act.

State of Kerala, 2005 (11) SCC 45 Durgah Committee v. ” Lord Wright, after explaining the scope of the word ” repudiation ” and the different meanings its bears, proceeded to state at p. If no alternative construction is open, the Supreme Court of India cannot ignore a statutory provision “to relieve what it considers a distress resulting from its operation; a statute has to be given effect to whether the Supreme Court of India likes it or not”.

592 This speech also only states the policy of the Government and has no reference to Krishna District or to the transport services in that district. The appeals are, accordingly, dismissed with costs. On a consideration of all the grounds of attack thus levelled against the validity and the binding nature of the decision of the Wage Board, we have, therefore, come to the conclusion that the said decision cannot be sustained and must be set aside.

)[1954] INSC 46; , 1954 SCR 1005 Tilkayat (Tilkayat Shri Govindlalji Maharaj vs. ” The High Court answered both these questions in favour of the assessees but gave a certificate and the (1) [1952] 21 I. The State of Rajasthan , 1964 7 SCR 32 Seshammal and Others etc. Any reference, required by any Enactment, Rules, Orders, Convention, Usage etc. Exhibit VI is an extract from the report in the Hindu dated October 25, 1957, wherein it is alleged that the Chief Minister’ made the following statement: The purposes of the contract have failed, but the arbitration clause is not one of the purposes of the contract.

Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt. The respondent contended before us that the theory of an act of State did not apply to this case. ” Whether the bank drafts payable in Part A or C States but received at Ratlam and encashed through the assessee’s bankers at Bombay constituted receipts in Part A State ? The State of Madras and, Anr. Syed Hussain Ali, [1961] INSC 107; 1962 (1) SCR 383 These appeals are accordingly allowed and the order of the High Court setting aside the “compulsory ” fines imposed by the Special Tribunal is set aside and the orders of the Special Tribunal imposing the ” compulsory ” fines are restored.

The upshot of the aforesaid discussion is to decide the question formulated against the assessee and in favour of the Revenue, though for our reasons contained in this judgment. Travancore Devaswrom Board (2002) 8 SCC 106 M. In the present case, however, we have in, the forefront of the impugned Act a provision as to the application of the Industrial Disputes Act 1947, to working journalists. State of Andhra Pradesh 1996 9 SCC 548 Sri Adi Visheshwara of Kashi Vishwanath Temple, Varanasi and Ors.

Sajjanlal Panjawat[1973] INSC 241; , 1974 (1) SCC 500 Pannalal Bansilal Pitti and Ors. According to him the State Council was in existence and had invited the Dominion of India to step in and all the local laws were still applicable. A more relevant decision on this point is that of this Supreme Court of India in A. In our view, even if there were some improvements on part of PW1, these matters are not so fundamental affecting the very core to such an extent that his testimony needs to be discarded completely.

Thirdly, it must be proved that there was an intention to inflict that particular bodily injury, that is to say, that it was not accidental or unintentional, or that some other kind of injury was intended. He pointed out that the Saurashtra Civil Procedure Code was amended by a notification on 7th July, 1948, and that also proved 551 that the local laws were in force and the Administrator was subject to them in his dealings with private property, under the general superintendence of the Regional Commissioner.

to be made to the Council shall henceforth be made to the Administrator, Junagadh State, in whom all the powers so far exercised by the Council and its Members shall henceforth vest. In that case the provision of law which was impugned amongst others was one which prevented the detenu on pain of prosecution from disclosing to the Court the grounds of his detention communicated to him by the detaining authority.

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During the period the Government of India held charge of the State, an Administrator appointed by the Government of India assisted by three popular re- presentatives conducted the administration of the State. Section 384 CrPC empowers the appellate court to dismiss the appeal summarily if it considers that there is no sufficient ground for interference. Sometime during the existence of the Holkar State, the work of cutting and collecting the grass of these four birs was made over to the Military Grass Farm of Indore with a direction that the quantity of grass required for the purpose of household has to be supplied by them.

The said view was reiterated by a three-Judge Bench in the State of Madhya Pradesh v. Section 385 CrPC lays down the procedure for hearing appeal not dismissed summarily and sub-section (2) thereof casts an obligation to send for the records of the case and to hear the parties. The administration of Junagadh was taken over by the Saurashtra Government on January 20, 1949,. The role attributed to Som Prakash was that he attacked the deceased with Khukri on the neck of Alok Chandana from behind.

It is the specific case of the plaintiff that these birs were initially under the control of the Household Department of the Holkar State. Section 386 CrPC lays down that after perusing such record and hearing the appellant or his pleader and the Public Prosecutor, the appellate court may, in an appeal from conviction, reverse the finding and sentence and acquit or discharge the accused or order him to be retried by a Supreme Court of India of competent jurisdiction. Learned counsel appearing for appellant Som Prakash took similar grounds of defense as in the cases of abovementioned appellants.

e, Birs known as Bijasan, Ashapura, Bercha, Mohna and Gajihata and alternatively sought declaration that the plaintiff is the Government lessee or a Bhumiswami of the Suit schedule properties. It was further held that the fact that the Public Prosecutor conceded that there was no evidence, was not enough and the High Court had to satisfy itself upon perusal of the records that there was no reliable and credible evidence to warrant the conviction of the accused.

Balwinder Singh and Others[4] while dealing with the role of the appellate Court, a two-Judge Bench has observed thus:- The learned Sessions Judge after placing reliance on the testimony of the eyewitnesses and the medical evidence on record was of the opinion that the case of the prosecution was fully established. In December 1948, the elected representatives of the people of Junagadh resolved that the administration of the State be made over to the Government of Saurashtra and that the representatives of Junagadh be enabled to participate in the Constituent Assembly of Saurashtra State with a view to framing a common Constitution for Saurashtra and the Junagadh State.

Surprisingly, the High Court did not at all consider the testimony of the eyewitnesses and completely ignored the same. The facts leading to these appeals, in brief, are that the respondent/plaintiff who was the daughter and reportedly sole heir of Maharaja Yashwanth Rao Holkar, the erstwhile Ruler of Holkar State filed the present Suit on 7th September 1964 seeking the relief of declaration of title and permanent injunction in respect of the plaint schedule properties, i.

In a case based upon direct eyewitness account, the testimony of the eyewitnesses is of paramount importance and if the appellate court reverses the finding recorded by the trial court and acquits the accused without considering or examining the testimony of the eyewitnesses, it will be a clear infraction of Section 386 CrPC. Similar resolutions were adopted by the representatives of Manavadar, Mangrol, Bantwa, Babariawad and Sardargarh.

The additional defense taken was of no common object being present. It is, therefore, mandatory for the appellate court to peruse the record which will necessarily mean the statement of the witnesses. Accordingly, a Supplementary Covenant (Appendix XXXVI) was executed by the Rulers of Kathiawar States with a view to giving effect to the aforementioned resolutions. [5] it was held that where the High [pic]Court acquitted the accused in appeal against conviction without waiting for arrival of records from the Sessions Supreme Court of India and without perusing evidence adduced by the prosecution, there was a flagrant miscarriage of justice and the order of acquittal was liable to be set aside.

In this regard, reference to certain authorities of this Court would be apposite. ” After the Nawab of Junagadh had left the State for Pakistan, the administration of this State was taken over by the Government of India on November 9, 1947 at the request of the Nawab’s Council. Sahai[6] it was observed that where the High Court has not cared to examine the details of the intrinsic merits of the evidence of the eyewitnesses and has rejected their evidence on general grounds, the order of acquittal passed by the High Court resulted in a gross and substantial miscarriage of justice so as to invoke extraordinary jurisdiction of the Supreme Court of India Court under Article 136 of the Constitution.

Obviously, the action taken by the Government of India had the fullest approval of the people of Junagadh in that the results of the referendum held in Junagadh and the adjoining smaller States in February 1948, showed that voting in favour of accession to India was virtually unanimous.