The Lawyer In Chandigarh Diaries
Bombay Suburban Electric Supply Ltd. There was a further pro- vision that if before 26-3-1939 the licensees took leases of at least 20,000 bighas, the period of the license would be extended by another term of 12 years, i. , and the Court of Wards on the expedi- ency of extending the period of license and on the terms on which such extension should be granted. In order to complete the sequence of facts, it is essential to notice, that one of the brothers of the appellant, namely, Niranjan Dahyabhai Chokshi approached the High Court, so as to assail a similar order of detention, as was also passed against him.
The challenge to the detention of Niranjan Dahyabhai Chokshi was raised on the ground of the law declared by this Court in Krishna Murari Aggarwala v. (1), and Greaves Cotton and Crompton Parkinson, Ltd. Ultimately, on 23- 11-1917 the manager of the Court 330 of Wards executed a deed modifying the terms of the deed dated 26-3-1915. Under this deed, the period of license was extended in the first instance from 6 to 12 years; that is to say, it would expire on 26-3-1927 instead of on 26-3-1921 as originally fixed.
Advocates (visit here) , applying to the Court of Wards for extension of the period of the license on the ground that as the result of war conditions, new and unexpected difficulties bad cropped up and that to achieve the purpose of the license, is was necessary to extend the period of six years fixed therefor. (See on this point Lord Advocates (read this) Sumner's line of reasoning in Bowman's case(1)). He has further submitted that as far as proof of demand of Advocates [read this] Rs. The next phase of the transaction begins on 3-8-1915 with Messrs Bird and Co.
It is not the law that alters but the changing conditions of the times and article 14 narrows down to a question of fact which must be determined by the highest Judges in the land as each case arises. , on the same point will vary as conditions vary, one conclusion in one part of the country and another somewhere else; one decision today and another tomorrow when Advocates (read this) the basis of society has altered and the structure of current social thinking is different. But when on the face of a statute there is no classification at all, and no attempt has been made to select any individual or group with reference to any differentiating attribute peculiar to that individual or group and not possessed by others, this presumption is of little or no assistance".
These two decisions no doubt support the appellants' arguments before us but, for the reasons which we have already given, we must hold that these decisions are not sound or correct. The challenge was raised through Special Criminal Application Nos. It was then provided that if within this extended period the licensee took a lease or leases of mines of the extent of at least 10,000 bighas, then the period of the license would be extended by a second term of 12 years; i. The second argument advanced by the employees is really a different facet of the first argument and since we do not find any basis at all for the grievance of the employees against either the MHADA or against the Bank, we reject this submission as well.
, in these cases, were taken independently by the learned Public Prosecutor though on the suggestion of the Director of Prosecution, whereas the decisions not to press the applications for withdrawal of prosecution was imposed or thrust upon the Additional Public Prosecutor, has no merit. It embodies a general awareness in the consciousness of the people at large of something that exists and which is very real but which cannot be pinned down to any precise analysis of fact save to say in a given case that it falls this side of the line or that, and because of that decisions.
"It is impossible to conceive of a worse form of discrimination than the one which differentiates a particular individual from all his fellow subjects and visits him with a disability Which is not imposed upon anybody else and against which even the right of complaint is taken away" and again, "It is true that the presumption is in favour of, the constitutionality of a legislative enactment and it has to be presumed that a Legislature understands and correctly appreciates the needs of its own People.
This proposal was subjected to close scrutiny, and there was prolonged correspondence between Messrs Bird and Co. Article 14 sets out, to my mind, an attitude of mind, a way of life, rather than a precise rule of law. The truth is that it is impossible to be precise, for we are dealing with intangibles and though the results are clear it is impossible to pin the thought down to any precise analysis. Union of India [1975] INSC 132; AIR 1975 SC 1877, wherein it was held, that recording of the grounds of detention is an essential prerequisite, before the passing of the order of detention.
The contention of the petitioners that the earlier decisions to move the applications under Section 321 Cr. Viswanatha Sastri has strongly relied on two labour decisions reported in B. 1000/- as illegal gratification made by the appellant is concerned, the trial court has rightly recorded the finding of fact holding that the appellant was caught red-handed accepting the bribe money at the Ditchau Kalan Bus Stand at Najafgarh and this evidence was sufficient enough to show that the complainant-Jai Bhagwan (PW-2) was asked by the appellant to bring the said amount as illegal gratification for having released Krishan Kumar (PW-9) on bail.
289, 704 and 723 of 1990, and 745, 747 and 748 of 1991.
