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66 of 1952 arising out of the decree dated March 7, 1952 of Bombay High Court in its Ordinary Original Civil Jurisdiction in Suit No. Hence the charge against him under section 409 failed. Appeals by special leave from the judgment and order dated the 23rd October 1953 of the Circuit Bench of the Punjab High Court at Delhi in Criminal Appeal No. It is a settled law that dying declaration can be the sole basis of conviction and it does not require any corroboration.<br><br>In support of the contention that Madan Lal was not a "public servant", reference was made to section 137 of the Indian Railways Act. had been falsified" was made. "The domicile of origin, though received at birth, need not be either the country in which the infant is born, or the country in which his parents are residing, or the country to which his father belongs by  Advocates ([http://nrilegalservices.me/how-can-nri-transfer-the-property-after-the-death-of-husband/ click resources]) race or allegiance, or the country of the infant's nationality".<br><br> A Division Bench of that Court allowed his appeal and set aside his convictions and sentences under sections 409 and 477-A, Indian Penal Code, but upheld his conviction and sentence in respect of the charge of conspiracy under section 120-B of the Code. per annum the said interest to be calculated on the said balance amount from the date of expiry of the said one and a half years and the said payment to be made before the expiry of one month therefrom.<br><br> 0-4-0 per hundred cards. 24-D of 1953 arising out of the judgment and order dated the 26th August 1953 of the Court of Special Judge, Delhi in Corruption Case No. 123(7) of the Act has been committed. We need not enter into the correctness of the findings of the trial court in respect of the acquittal of the other four accused, or of the High Court with regard to the acquittal of the appellant in respect of the charges under sections 409 and 477-A, Indian Penal Code. But the respondent, on whom the burden lies of establishing contravention of r.<br><br> It is contended by the Solicitor-General that on the facts found Ganga Prasad and Viswanath Pande cannot be said to have been employed by the first appellant,and that the conclusion of the Tribunal to the contrary is based on a misconception of law. As regards the charge under section 477-A, the High 211 Court acquitted him on the ground that the documents said to have been falsified, which were large in number, had not been mentioned in the charge and a vague statement that "accounts, cash books, stock books, petty cash sale register, cash memos, applications from cultivators, receipts, bills, vouchers, papers, documents, letters, correspondence, etc.<br><br>The facts found are that one Ganga Prasad was engaged by the first appellant to prepare three carbon copies of the Electoral Rolls and was paid Rs. 0-8-0 per hundred voters and likwise, one Viswanath Pande was engaged to enter the names of the voters in printed cards and was paid Rs. Now the contention of the respondent which has found favour with the Tribunal is that both Ganga Prasad and Viswanath Pande must be held to have been  Advocates - [https://lexlords.com/illegal-custody-and-habeas-corpus/ click resources], employed for payment in connection with the election, and as with their addition, the, number of persons allowed to be employed under Schedule VI has been exceeded, the corrupt practice mentioned in s.<br><br>But it is equally true that dying declaration goes against the cardinal principle of law that 'evidence must  Advocates ([http://idfindia.org click resources]) be direct'. In our considered opinion, two main arguments have been advanced before this Court and we shall now examine each and every contention in light of the arguments adduced before us. The High Court held that though the appellant had withdrawn the sum of Rs. If the distributors should fail to realise the full amount due to them as aforesaid from the realisation of the said picture in the manner hereinbefore set out on or before the expiry of one and a half years from the date of the first release of the said picture, the producer shall be liable to pay to the distributors whatever balance may be then due by them with compound interest at 12 per cent.<br><br>Now' whether a person is an employee or not is a question of fact, and if there had been any evidence in support of it, this Court would  Advocates ([http://lexlords.in/eviction-disputes/ click resources]) not interfere with the finding in special appeal. 550/- at the rate of Re. Both these are undoubtedly expenses incurred in connection with the election and have, in fact, been shown by the first appellant in the return of election expenses against column K. The amended sub-clause (1) is in these terms: Under the Act as it stood before it was amended by Act XVII of 1955, every railway servant was deemed, to be a public servant only for the purposes of Chapter IX of the Indian Penal Code and it was provided by sub-clause (4) that "notwithstanding anything in section 21 of the Indian Penal Code a railway servant shall not be deemed to be a public servant for any of the purposes of that Code except those mentioned in Chapter IX".<br><br>nAppeal by special leave from the judgment and decree dated August 22, 1952 of the Bombay High Court in Appeal No. 27,000 from the Government treasury with a view to subsidizing the procurement of oil  Advocates ([https://lexlords.com/proclaimed-offender/ go to these guys]) cake, it had not been proved that there was an entrustment to the appellant.