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1979 (3) TMI 218
... ... ... ... ..... ough there cannot be any doubt that he witnessed the occurrence his subsequent conduct does not inspire such confidence as to place implicit reliance on his evidence. We, therefore, agree with the High Court that P.W. 3 was not a reliable witness. 10. In our view the two dying declarations Exhibits P-1 and P-6 may be relied upon without any reservation and the evidence of P.Ws. 1, 2 and 5 may also be safely accepted. We have considered the reasons given by the High Court for acquitting the first accused and we find them wh....... + More
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1979 (3) TMI 217
... ... ... ... ..... a proper application of its mind that a sentence of imprisonment alone is called for in a particular situation Thus, the sentence of imprisonment is an exception while sentence of fine is the rule. 7. Having regard to the peculiar facts and circumstances of this case, we do not find any special reason why the appellants should be sent to jail by sentencing them to imprisonment. Furthermore, respondent No. 1 before us despite service, has not appeared to support the sentence given by the High Court. Having regard to these c....... + More
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1979 (3) TMI 216
... ... ... ... ..... t be assumed. One who assails a classification must carry the burden of showing that it does not rest upon any reasonable basis . 26. In my opinion, the petitioners have not discharged the burden of showing that the classification in the present legislation does not rest upon a reasonable basis. 27. While parting I would like to make certain observations. More than 22 years have passed since the passing of this law. As stated above, this law was intended to be a tranquilliser and by a quick acting process the legislature t....... + More
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1979 (3) TMI 215
... ... ... ... ..... its administrative side must be having records from which these particulars can be easily gathered. We also direct the State of Bihar to furnish to us within three weeks from today particulars as to the number of cases where first information report have been lodged and the cases are pending investigation by the police in each sub-division of the State as on 31st December, 1978 and where such cases have been pending investigation for more than six months, the State of Bihar will furnish broadly the reasons why there has be....... + More
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1979 (3) TMI 214
... ... ... ... ..... and must fail. It is, however, needless for us to go into the question as to whether Rule 16 is repugnant of Section 22 of the Act as contended by the learned Counsel for the petitioner, in view of the decision arrived at by us. 15. Sri K. Pratap Reddy, learned Counsel for the petitioner, however, submits that should our judgment be against him on the main contention, then the Tribunal should be directed to give the petitioner a notice before actually seeking to reopen, as the Tribunal has failed to do so and, without givi....... + More
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1979 (3) TMI 213
... ... ... ... ..... a bottling licence. This apart, the licence clause is ineffective, as Section 28 and Section 29 and the duty Notifications issued under the Act clearly indicate that duty is to be charged only at point of issue and the rate fixed with reference to the destination. 5. It is, thus, clear that the impugned levy cannot be sustained in all these petitions. In Special Appeal No. 79 of 1978 the matter has been remanded to the Excise Commissioner for considering the claim of the petitioner for being exonerated from payment of exci....... + More
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1979 (3) TMI 212
... ... ... ... ..... it is extremely difficult to hold that the original of the letter Ext. B was posted by the defendant or received by the plaintiff. As that fact is not established, the reciial in Ext. B that If we do not hear anything from you contrary to what we stated, we take it that you have accepted our condition of jurisdiction is of no avail or effect. 9. On the above considerations I agree with the finding of the court below that there was no contract between the parties ousting the jurisdiction of the civil court at Keonjhar for t....... + More
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1979 (3) TMI 211
... ... ... ... ..... delay. The workman in this case has not stated anything to explain the delay in making the application (under) Order 9 Rule 13 of the Code for its acceptance after condoning the delay under Section 5 of the Limitation Act. I accordingly propose to give the workman an opportunity to explain the delay he made in making the application under Order IX Rule 13 of the Code. 22. The Rule thus succeeds and is made absolute. The impugned order is set aside, without any order as to costs in the circumstances. The records are sent ba....... + More
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1979 (3) TMI 210
... ... ... ... ..... urt that not only the compensation should be enhanced but in reply to the submissions of the counsel for the State in their appeal they contended that no case was made out for reducing the compensation. Both the appeals were heard together and not, one after the other. Therefore, the legal representatives of the deceased Y. Prakhakar Reddy were all throughout before the Court, of course in one capacity, viz., as legal representatives of deceased appellant, but not so described as legal representatives of the deceased respo....... + More
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1979 (3) TMI 209
... ... ... ... ..... . Our conclusion regarding the non-heritability of this right rests solely on our understanding of Section 40 of the Bombay Tenancy and Agricultural Lands Act as it stood before it was amended in 1956, in relation to the right under Section 37. Nothing that we have said should be understood as indicating that any other right of a tenant or this very right after the 1956 amendment is not heritable. Shri Karkhanis argued that having regard to the position that obtained both under the Bombay Tenancy Act and under the Bombay T....... + More
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1979 (3) TMI 208
... ... ... ... ..... 1908, and all other laws dealing with limitation, special or local are saved and are to be read into the Limitation Act, 1963. We, therefore, arrive at the conclusion that the body of provisions in the Portuguese Civil Code dealing with the subject of Limitation of suits etc. and in force in the Union Territory of Goa, Daman and Diu only is local law within the meaning of Section 29(2) of the Limitation Act, 1963. As stated earlier these provisions have to be read into the Limitation Act, 1963, as if the Schedule to the Li....... + More
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1979 (3) TMI 207
... ... ... ... ..... and direct recruits to Service would be on probation. But the latter part of rule 8 (a) comprehends Inspectors being promoted on officiating basis. Unless there is a temporary addition to the strength of the cadre such officiating appointment by promotion would not make the promotee a member of the service in view of Rule 3. In order to avoid any injustice to such promotees the Government may make an order to treat officiating service to count towards probation. In the absence of such order the officiating service would no....... + More
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1979 (3) TMI 206
... ... ... ... ..... ,145, 146 and 147 is the case of raid at the Pulpally Wireless Station for which these accused persons are liable to conviction under Section 149/455, I.P.C. and are sentenced to 7 years' rigorous Imprisonment. The result is that all the appellants excepting accused Nos. 5, 7, 16, 128, 135, 145, 146 and 147 are acquitted of all the charges framed against them and the appeals of these accused are accordingly allowed. The appellants mentioned above are also acquitted of all other charges excepting the charge for which th....... + More
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1979 (3) TMI 205
... ... ... ... ..... nd the respondent came handy. Some charges were framed none of which could costitute misconduct in law. Some charges were mere surmises. Substance of the allegations was that he was not a very efficient officer and lacked the quality of leadership and was deficient in the faculty of decision making. These deficiencies in capacity would not constitute misconduct. If the respondent were a young man and was to continue in the post for a long period, such an inquiry may be made whether he should be retained in the responsible ....... + More
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1979 (3) TMI 204
... ... ... ... ..... tability who may be assigned a higher place. The Selection Committee will review the list for 1973 in accordance with these directions. The Union Public Service Commission will thereafter be consulted in accordance with the regulations. The Select List as finally approved by the Commission will form the Select List of the members of the State Civil Service. We may indicate that the Writ Petition filed by the appellant and his appeal to this Court cannot be considered to have become infructuous on the ground that the Union ....... + More
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1979 (3) TMI 203
Interpretation of "shall be liable to confiscation" occurring in Section 63(1) read with sub- section (1) of Section 64, two alternatives, namely, to confiscate the car, or, in lieu of confiscation, to impose a fine at the option of its owner.
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1979 (3) TMI 202
... ... ... ... ..... e a certificate can be granted. It means that it is not sufficient if the case involves a substantial question of law of general importance but in addition to it the High Court should be of the opinion that such question needs to be decided by the Supreme Court. Further, the word need suggests that there has to be a necessity for a decision by the Supreme Court on the question, and such a necessity can be said to exist when, for instance, two views are possible regarding the question and High Court takes one of the said vi....... + More
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1979 (3) TMI 201
Whether the prosecution case proved against accused Nos. 1 to 13 who were convicted of various offences covered by different counts of the charge and were sentenced in consequence to imprisonment? Held that:- In taking the view of the matter that it did, the High Court, for all practical purposes, presumed the accused to be guilty unless they succeeded in establishing their innocence, which was not a correct approach to the appreciation of evidence. It was for the prosecution to prove affirmatively that the contraband articles were in the cons....... + More
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1979 (3) TMI 200
... ... ... ... ..... ared in all the three cases were flats and not bars. He should have looked into the specifications given in the Gate Passes as well as in the R.G.1 Register before arriving at the conclusion in regard to the classification of the goods. In view of the foregoing observations, I set aside the demand raised by the Superintendent (Gold) in all the above three cases, subject to the satisfaction that specification of the all goods cleared by the appellants conformed strictly to the specification of bars as given above and furthe....... + More
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1979 (3) TMI 199
... ... ... ... ..... I also observe that the unit in question cannot also be termed as an evaporative type of cooler since according to I.S.I. Specification No. IS 3315-1974, Filter Pad is an essential part in an evaporative type of cooler, which unit manufactured by the appellant does not have any filter Pads as it works only on the simple principle of cooling air through water sprayed by an air washer by means of a blower. In view of the above discussions, the order passed by the Superintendent is not correct in law as well as on facts, I, t....... + More
