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The question which the Privy Council had to consider was whether the action of the Swetambaris in placing the said charans in three of the shrines was a continuing wrong or not; and in answering this question Regular Bail Lawyer in Chandigarh favour of the plaintiffs the Privy Council referred to its earlier decision in the case of Maharani Rajroop Koer (2 ) and held that the action in question was a continuing wrong. It was action which was of the character of a continuing wrong and as such it gave rise to a cause of action de die in diem.

XXV of 1934), an Act passed by the legislature of the United Provinces, now called the Uttar Pradesh. – (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

The relevant dispute in that case arose because alterations had been made by the Swetambaris in the character of the charans in certain shrines and the Digambaris complained that the said alterations amounted to an interference with their rights. ———————– [1] Mr. ” Pollock and Mulla in their book on Indian Contract define the phrase ‘,forbidden by law ” in s. Before the expiry of the period of lease, the West Bengal Estates Acquisition Act, 1953 came into force in the State of West Bengal.

This conclusion was arrived at by the High Court in the judgment under challenge and no one has disagreed with the view that Tamil Nadu could not appoint Mr. It had been found by the courts in India that the charans in the old shrines were the impressions of the footprints of the saints each bearing a lotus mark. So far as the present case is concerned, this court did not give any direction with regard to the appointment of a Public Prosecutor or a Special Public Prosecutor post the decision in CC No.

Really speaking, this court did not leave behind any vacuum. In our opinion, neither of these two decisions can be of any assistance to the appellants. They read as follows:- 150. Bhavani Singh as a Special Public Prosecutor to contest the appeals in the High Court. Power of Supreme Court to transfer cases and appeals. Anbazhagan is the General Secretary of the DMK, a political party [2] (2004) 3 SCC 767 [3] J. Union of India, (1999) 5 SCC 138 [4] B. There is no doubt that the impugned action did not amount Permission to go Abroad Law Firm in Chandigarh ouster or complete dispossession of the plaintiffs.

This the Digambaris refused to worship as being a representation of a detached part of the human body “. State of Tamil Nadu, AIR 2001 SC 3435 [5] 406. -(1) When the seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, Property Advocate in Chandigarh relation to the election of a member to fill such vacancy Casual vacancies in the State Legislative Assemblies.

Originally the lease was granted in the year 1924 for a period of 30 years. The questions that arise in this appeal largely turn on the provisions of that Act and they have therefore to be referred to. The courts had also held that the action of the Swetambaris in placing the charans of the said description in three of the shrines was a wrong of which the Digambaris were entitled to complain. n”Wagers ‘beidg only void, no taint of illegality attached to a transaction, whereby one man employed another to make bets for him; the ordinary rules which 417 govern the relation of employer and employed applied in such a case.

However, the law is quite clear, namely, that Karnataka as the transferee State was entitled to file an appeal in the Karnataka High Court, should the need have arisen, including an appeal for enhancement of sentence and that on an appeal being filed in the High Court by the accused persons, Karnataka as the transferee State continues to retain its entitlement to appoint a Public Prosecutor or a Special Public Prosecutor to contest the appeal, otherwise the purpose of transferring the case out of Tamil Nadu to Karnataka would stand frustrated at the appellate stage.

However, we notice that the COMMISSION is under a statutory obligation to hold a bye-election within a period of six months from the date of the occurrence of the vacancy. Maharaj Bahadur Singh (1) the Privy Council was dealing with a case where the defendants’ act clearly amounted to a continuing wrong and helped the plaintiff in getting the benefit of s. 63 498 Similarly, in Hukum Chand v. Such obligation emanates from Section 150 and Section 151A.

That Karnataka was remiss in fulfilling its obligation to appoint a Public Prosecutor to contest the appeals filed in the High Court by the accused persons or chose not to fulfill it for whatever reason, is no ground for Tamil Nadu to appoint a Special Public Prosecutor to appear in the appeals. In that sense, it could possibly be argued that there was a vacuum. “The Swetambaris who preferred to worship the feet themselves have evolved another form of charan not very easy to describe accurately in the absence of models or photographs which shows toe nails and must be taken to be a representation of part of the foot.


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