For that purpose, it would be a sound proposition to be laid down that, in such circumstances, the burden on the accused is rather heavy. When the presence of the accused at the scene of occurrence has been established satisfactorily by the prosecution through reliable evidence, normally the court would be slow to believe any counter- evidence to the effect that he was elsewhere when the occurrence happened. 3 (2) is control at any of the three stages mentioned above.
This Court obviously did not and could not add a condition to s. This contention, therefore, that s. 165A and they were convicted and sentenced by the Special Judge as already stated. 161, Indian Penal Code, read with s. The instant transaction being void as per section 42 of the Rajasthan Tenancy Act and the property was inalienable to non-SC. 20 of the mills in Ahmedabad, but despite their best efforts the parties could not settle the dispute and wanted a decision from this Court on the points of law raised in the present appeals; that is why we have had to decide the points of law, and in doing so inevitably general considerations to which we have just adverted cannot play a material part.
417 of the Criminal Law firm in Chandigarh Procedure Code. That judgment will be found reported in Kuttan Unni v. But when he learnt that respondent ” Dalbir Singh has succeeded in getting a judgment against Khub Ram and a direction for his own appointment, Mahavir Prasad chose to challenge those judgments in favour of Dalbir Singh by preferring the Special Leave Petition directly in this Court and the same was tagged for hearing along with the Civil Appeal. There is no difficulty in applying the principles laid down by the Privy Council, and accepted by this Court, to the facts of each case.
So that the decision as to whether compensation was capital or revenue would depend upon whether the cessation of the agency destroys or materially cripples the whole structure of the recipient’s profit making apparatus or whether the loss is of the whole or part of the framework of business. LR 1208] so as to contend that the ˜person interested in the land under section 9 of the Land Acquisition Act would include a person who claims interest Top Lawyer in Chandigarh High Court compensation to be paid on account of acquisition of land and the interest contemplated under section 9 is not restricted to legal or proprietary estate or interest in the land but such interest as will sustain a claim to apportionment, is the owner of the land.
The complainant presented to him a written complaint describing how he was forced to pay Rs. 5(2) of the Prevention of Corruption Act, 1947 (2 of 1947) and the latter under s. Thereupon both Khalilur Rahman and the appellant were prosecuted, the former under s. In our opinion, the decision is of no avail. Therefore, we are of opinion that the control provided under clause (c) of s. ” In the absence of fraud or mistake, the price fixed by aGreed valuers is conclusive upon the parties.
Clause 16(a) further provides that additional terms and conditions that may be considered necessary by the State Government be included but the same shall not be inconsistent with the law renewing such lease and shall not have retrospective effect. The burden would not be lessened by the mere fact that the accused has adopted the defence of alibi. But appellate courts are finding considerable difficulty in understanding the scope of the words “substantial and compelling reasons” used by this Court Barristers in Chandigarh the decisions cited above.
, the price for the consumer, fails. Bharucha [1958 (60) Bom. 3 only authorises the Central Government to fix the retail price, i. Though an excessively large or an unreasonably small price involves some element of penalty or forfeiture, the possibility of this is -not enough to overcome the express terms of the contract in the absence at least of fraud, gross mistake, or such arbitrary conduct as is outside what the parties could have -reasonably contemplated “. , the sthanee petitioner herein carried the matter to the Privy Council and the Privy Council by its.
The words were intended to convey the idea that an appellate court not only shall bear in mind the principles laid down by the Privy Council but also must give its clear reasons for coming to the conclusion that the order of acquittal was wrong. It follows, therefore, that strict proof is required for establishing the plea of alibi. But once the prosecution succeeds in discharging the burden it is incumbent on the accused, who adopts the plea of alibi, to prove it with absolute certainty so as to exclude the possibility of his presence at the place of occurrence.
But if the evidence adduced by the accused is of such a quality and of such a standard that the court may entertain some reasonable doubt regarding his presence at the scene when the occurrence took place, the accused would, no doubt, be entitled to the benefit of that reasonable doubt. The plaintiff (the respondents 10 to 17 herein) went up in appeal to the Madras High Court, which, on April 9, 1943, allowed the appeal and reversed the decision of the Subordinate Judge and decreed the suit.
The plea of the accused in such cases need be considered only when the burden has been discharged by the prosecution satisfactorily. Obviously, the logical corollary has to be taken that no right in apportionment to compensation can be claimed by the Society. There is no reason to cut down the generality of the words used in clause (c) so as to make them applicable only to the last stage, namely, the retail price. 80 and made to execute a pronote for Rs.