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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.
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However, a closer scrutiny of the responses received indicates that by and large the steps taken are facile and lack adequate sincerity in implementation. 2010, the date on which the Catering Policy, 2010 was made effective in respect of the General Minor Units (GMUs) and Special Minor Units (SMUs) taken over from the IRCTC, subject to the conditions stipulated in paras 16. 151 appellant had contravened cl. The said policy was replaced by the Catering Policy, 2010.<br><br>2013, the learned single Judge came to the conclusion that the Catering Policy, 2010 did not differentiate among the licensees based on the number of years for which they have been carrying on their business. The IRCTC was left with the running of the Food Plaza, Food Courts and Fast Food Units only. Then he can fill up those particulars claiming them to be true to his knowledge and seek registration of the vehicle in his name in accordance with law.<br><br>The contracts held by the members of the Welfare Association were renewed during the subsistence of the Catering Policy, 2005. On appeal filed by the appellants, the judgment and order of the learned single Advocates - [http://lawyerchandigarh.com/how-criminal-defense-lawyers-in-chandigarh-high-court-contest-bail/ web] - Judge was upheld by the Division Bench of the High Court in the Writ Appeals vide its judgment and order dated 12. The main plea of the respondent-Association was that in terms of the Catering Policy, 2010, the existing licensees were entitled for renewal of their licenses for a period of three years, subject to their satisfactory performance, payment of all dues and arrears and withdrawal of court cases, if any.<br><br>Pursuant to the Catering Policy, 2010, the South Central Railway granted renewal of licenses in favour of the licensees for a period of three years with effect from 21. Suffice it to say that on the four issues raised by Justice R. Although on behalf of the respondent, it has been vehemently urged that motor vehicles remain unascertained goods till their engine number or chassis number is entered in the certificate of registration, this proposition does not merit acceptance because the sale invoice itself must disclose such particulars as engine number and chassis number so that as an owner, the purchaser may apply for registration of a specific vehicle in his name.<br><br>As to the agreement of June 15, 1952, the workmen themselves did not abide by it and the appellant's right cannot be defeated on that ground. However, in the case of unascertained or future goods, the sale or purchase shall be deemed to have taken place in a State where the goods happened to be at the time of their appropriation by the seller or buyer, as the case may be. The renewed licenses were to expire on 20. Aggrieved, the respondent-Association, the members of which had existing licenses, filed a Writ Petition before the single Judge of the High Court of Judicature of Andhra Pradesh at Hyderabad.<br><br>In terms of the said Policy, the contracts under Categories A, B and C Railway Stations were transferred to the IRCTC while the contracts granted under Categories D to F Railway Stations were continued under the control of the South Central Railways till the IRCTC was equipped to take over these units. Under the new Policy, the contracts of all the existing major and minor catering units were to be awarded and managed by the Zonal Railways.<br><br>Since the license fee is subject to continuous revision and does not remain stagnant, the question of the Railways suffering any loss due to renewals would not arise. They prayed that the appellant be directed to renew the licenses of the existing license holders of the canteens and fruits and fruit juice stalls. Hence, the present appeals are filed by the appellants. It is not necessary for us to detail each of the responses.<br><br>The learned single Judge held that the members of the Welfare Association are entitled for renewal of the licenses of the members subject to their satisfying the conditions stipulated in paras 16. On the finding in the present case that although the accused was under the influence of drink, he was not so much under its influence that  Advocates ([https://lexlords.com/tax/ web]) his mind was obscured to such an extent that there was incapacity in him to form the required intention the offence was not reduced from murder to culpable homicide not amounting to murder under the second part of  Advocates ([http://lexlords.in/trespassing/ navigate to these guys]) s.<br><br>A similar notification dated 03. In reply to the notice issued by this Court, several States and Union Territories gave their response either in the form of communications addressed to the Registry of this Court or in the form of affidavits. 1 of the Catering Policy, 2010. The respondent-Association urged that the said action of inviting fresh bids is discriminatory and also contrary to  Advocates ([http://nriillegalservices.com web]) the provisions of the Catering Policy, 2010. Respondents before us are the South Central Railway Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association, (hereinafter referred to as the Welfare Association).<br><br>The members of the Welfare Association were granted licenses for running General Minor Units or Special Minor Units in Categories A, B and C Railway Stations. (f) A tax on persons assessed according to their circumstances and property not exceeding such rate and subject to such limitations and restrictions as may be prescribed: , Provided that such a person is not already assessed under clauses (a) to (e) above".<br><br> Because of such legal position, prior to getting possession of a motor vehicle, the intending purchaser/owner does not have claim over any ascertained motor vehicle. 304 of the Indian Penal Code. 2013, the Senior Divisional Commercial Manager, Vijayawada, issued a bid notice inviting sealed bids on the Single Stage Two-Packet System from food and catering service providers for provision of catering services at the various GMUs of Categories A and B Railways Stations in the Vijayawada Division.<br><br> 2013 was issued for establishment of catering stalls/fruits and fruit juice stalls in SMUs in A1, A and B Category Railway Stations. Lahoti there is general consensus that the prisons (both Central and District) are over-crowded, some unnatural deaths have taken place in some prisons, there is generally a shortage of staff and it is not as if all of them are adequately and suitably trained to handle issues relating to the management of prisons and prisoners and finally that steps have been taken for the reformation and rehabilitation of prisoners.<br><br> Vide judgment and order dated 16. Thereafter only the goods can stand ascertained when the owner can actually verify the engine number and chassis number of the vehicle of which he gets possession. 1 of the Catering Policy, 2010. Such possession can be given only at the registering office immediately preceding the registration. It was further held that under the Catering Policy, 2010, the license fee is liable to be revised based on the potentiality of each Railway Station and the turnover of the licensees during the previous years.<br><br> The Appellate Tribunal did not find that the closure of the appellants business was not bona fide; on the' contrary, in awarding compensation, it proceeded on the footing that the appellant was justified in closing its business on account of the reasons stated by it. But as discussed earlier, on account of statutory provisions governing motor vehicles, the intending owner or buyer of a motor vehicle cannot ascertain the particulars of the vehicle for appropriating it to the contract of sale till its possession is handed over to him after observing the requirement of Motor Vehicles Act and Rules.<br><br> These licenses were granted in favour of the members of the respondents prior to the creation of the Indian Railways Catering and Tourism Corporation Limited (hereinafter referred to as IRCTC) under the Catering Policy, 2005.

Latest revision as of 15:21, 29 October 2018

However, a closer scrutiny of the responses received indicates that by and large the steps taken are facile and lack adequate sincerity in implementation. 2010, the date on which the Catering Policy, 2010 was made effective in respect of the General Minor Units (GMUs) and Special Minor Units (SMUs) taken over from the IRCTC, subject to the conditions stipulated in paras 16. 151 appellant had contravened cl. The said policy was replaced by the Catering Policy, 2010.

2013, the learned single Judge came to the conclusion that the Catering Policy, 2010 did not differentiate among the licensees based on the number of years for which they have been carrying on their business. The IRCTC was left with the running of the Food Plaza, Food Courts and Fast Food Units only. Then he can fill up those particulars claiming them to be true to his knowledge and seek registration of the vehicle in his name in accordance with law.

The contracts held by the members of the Welfare Association were renewed during the subsistence of the Catering Policy, 2005. On appeal filed by the appellants, the judgment and order of the learned single Advocates - web - Judge was upheld by the Division Bench of the High Court in the Writ Appeals vide its judgment and order dated 12. The main plea of the respondent-Association was that in terms of the Catering Policy, 2010, the existing licensees were entitled for renewal of their licenses for a period of three years, subject to their satisfactory performance, payment of all dues and arrears and withdrawal of court cases, if any.

Pursuant to the Catering Policy, 2010, the South Central Railway granted renewal of licenses in favour of the licensees for a period of three years with effect from 21. Suffice it to say that on the four issues raised by Justice R. Although on behalf of the respondent, it has been vehemently urged that motor vehicles remain unascertained goods till their engine number or chassis number is entered in the certificate of registration, this proposition does not merit acceptance because the sale invoice itself must disclose such particulars as engine number and chassis number so that as an owner, the purchaser may apply for registration of a specific vehicle in his name.

As to the agreement of June 15, 1952, the workmen themselves did not abide by it and the appellant's right cannot be defeated on that ground. However, in the case of unascertained or future goods, the sale or purchase shall be deemed to have taken place in a State where the goods happened to be at the time of their appropriation by the seller or buyer, as the case may be. The renewed licenses were to expire on 20. Aggrieved, the respondent-Association, the members of which had existing licenses, filed a Writ Petition before the single Judge of the High Court of Judicature of Andhra Pradesh at Hyderabad.

In terms of the said Policy, the contracts under Categories A, B and C Railway Stations were transferred to the IRCTC while the contracts granted under Categories D to F Railway Stations were continued under the control of the South Central Railways till the IRCTC was equipped to take over these units. Under the new Policy, the contracts of all the existing major and minor catering units were to be awarded and managed by the Zonal Railways.

Since the license fee is subject to continuous revision and does not remain stagnant, the question of the Railways suffering any loss due to renewals would not arise. They prayed that the appellant be directed to renew the licenses of the existing license holders of the canteens and fruits and fruit juice stalls. Hence, the present appeals are filed by the appellants. It is not necessary for us to detail each of the responses.

The learned single Judge held that the members of the Welfare Association are entitled for renewal of the licenses of the members subject to their satisfying the conditions stipulated in paras 16. On the finding in the present case that although the accused was under the influence of drink, he was not so much under its influence that Advocates (web) his mind was obscured to such an extent that there was incapacity in him to form the required intention the offence was not reduced from murder to culpable homicide not amounting to murder under the second part of Advocates (navigate to these guys) s.

A similar notification dated 03. In reply to the notice issued by this Court, several States and Union Territories gave their response either in the form of communications addressed to the Registry of this Court or in the form of affidavits. 1 of the Catering Policy, 2010. The respondent-Association urged that the said action of inviting fresh bids is discriminatory and also contrary to Advocates (web) the provisions of the Catering Policy, 2010. Respondents before us are the South Central Railway Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association, (hereinafter referred to as the Welfare Association).

The members of the Welfare Association were granted licenses for running General Minor Units or Special Minor Units in Categories A, B and C Railway Stations. (f) A tax on persons assessed according to their circumstances and property not exceeding such rate and subject to such limitations and restrictions as may be prescribed: , Provided that such a person is not already assessed under clauses (a) to (e) above".

Because of such legal position, prior to getting possession of a motor vehicle, the intending purchaser/owner does not have claim over any ascertained motor vehicle. 304 of the Indian Penal Code. 2013, the Senior Divisional Commercial Manager, Vijayawada, issued a bid notice inviting sealed bids on the Single Stage Two-Packet System from food and catering service providers for provision of catering services at the various GMUs of Categories A and B Railways Stations in the Vijayawada Division.

2013 was issued for establishment of catering stalls/fruits and fruit juice stalls in SMUs in A1, A and B Category Railway Stations. Lahoti there is general consensus that the prisons (both Central and District) are over-crowded, some unnatural deaths have taken place in some prisons, there is generally a shortage of staff and it is not as if all of them are adequately and suitably trained to handle issues relating to the management of prisons and prisoners and finally that steps have been taken for the reformation and rehabilitation of prisoners.

Vide judgment and order dated 16. Thereafter only the goods can stand ascertained when the owner can actually verify the engine number and chassis number of the vehicle of which he gets possession. 1 of the Catering Policy, 2010. Such possession can be given only at the registering office immediately preceding the registration. It was further held that under the Catering Policy, 2010, the license fee is liable to be revised based on the potentiality of each Railway Station and the turnover of the licensees during the previous years.

The Appellate Tribunal did not find that the closure of the appellants business was not bona fide; on the' contrary, in awarding compensation, it proceeded on the footing that the appellant was justified in closing its business on account of the reasons stated by it. But as discussed earlier, on account of statutory provisions governing motor vehicles, the intending owner or buyer of a motor vehicle cannot ascertain the particulars of the vehicle for appropriating it to the contract of sale till its possession is handed over to him after observing the requirement of Motor Vehicles Act and Rules.

These licenses were granted in favour of the members of the respondents prior to the creation of the Indian Railways Catering and Tourism Corporation Limited (hereinafter referred to as IRCTC) under the Catering Policy, 2005.