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If the appellant's contention is pushed to its logical conclusion it would mean that whenever a decree is transferred all objection to execution must cease unless the order of the Court directing the transfer expressly enumerates the issues that the transferring Court is at liberty to determine. The petitioner is a railway Advocates (the) servant and as such is governed by the rules of the Indian Railway Code. 1 as Deemed University by issuing a notification under Section 3 of the University Grants Commission Act, 1956 (in short the UGC Act).

The evidence of the approver has been found by the courts below to have been materially corroborated both as to the unlawful agreement and as to the persons concerned with the conspiracy. There is also the further advantage faras the accused is concerned of testing the truth or otherwise of the deposit's testimony by cross'- examination 329 in a public place -like a court and which may develop from point to point effectively with reference to the answers that a witness gives.

University-respondent No. Subsequently Pitabas Sahu aforesaid was granted pardon on condition of his making a full and true statement of the facts of the case and was examined as an approver, on whose evidence mainly rested the case against the accused. In this context, the Harmonized System of Nomenclature known as HSN Explanatory Notes was referred to by both the sides. Now the question that arises for consideration is as to whether in the facts and circumstances of the case the prosecutrix is entitled to victim compensation and, if so, to what extent?

1 herein is the Institution engaged in imparting high education in various subjects. At the date of the commencement of the Constitution the railway servants were governed by a separate set 108 852 of rules collected in the two Advocates (the) volumes of the Indian Railway Establishment Code. During the course of hearing, this Court by order dated 01. But where on account of particular reasons it is not possible to get the presence of the witness in court, the Criminal Procedure Code provides for examination on commission which can be direct examination by counsel 'for the prosecution and cross-examination by the accused or his counsel.

Pursuant to the aforesaid order, learned counsel for the State has filed an additional affidavit giving details of the inquiries made to ascertain the financial status of the victim and the accused and also has placed on record a copy of Notification/ Compensation Scheme. In our opinion section 42 of the Civil Procedure Code is a complete answer to this contention. His evidence, as indicated above, was supported by the dealers in oilcake who supplied the commodity which was the subject matter of the conspiracy.

1 is, therefore, subjected to ensuring compliance of all the provisions of UGC Act in Advocates, this website, its functioning. These notes correspond to the Chapter sub-headings of the Schedule to the Tariff Act. In the first information report lodged on the 28th June 1948 the approver Pitabas Sabu, one of the agricultural sub-overseers, was named along with the other five accused as the persons concerned with the conspiracy. 2015 directed the learned counsel appearing for the respondent-State to file a copy of the Victim Compensation Scheme applicable in the State of Chhattisgarh and to inquire about the financial status of the Advocates (the) victim, her brothers and also of the accused-appellant.

-The main question canvassed in this appeal by special leave is whether the ruling of this Court in the case of Topan Das v. The appeal fails and is dismissed with costs. The State of Bombay(1) governs this case also, in view of the fact that the appellant is the only person out of the accused persons placed on trial, who has been convicted for the offence of conspiracy under section 120-B, Indian Penal Code.

The point arises in the following way: The Judgment of the Court was delivered by SINHA J. It is an established and cardinal principle of Criminal jurisprudence obtainable in all systems of law that in criminal proceedings the evidence against the accused should be recorded in his presence and in open court so that the accused may be enabled to challenge such parts of the statement which he wishes to challenge and the presiding officer may have the advantage and opportunity of hearing the witness in person, noting his demeanour and finding out for himself on such observation whether what the witness deposes is true or otherwise.

Sub-section (2) provided that Advocates [the] if in the course of an inquiry, trial or other proceeding under the Code before any Magistrate, other than a District Magistrate or Presidency Magistrate, it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice and that the attendance of such witness cannot be produced without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate shall apply to the District Magistrate stating the reasons for the application; Section 503, as it stood before the amendment of 1955, provided that where in the course of an inquiry, trial or other proceeding under the Code, it appears to a High Court of Sessions, District Magistrate or Presidency Magistrate, that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such court or Magistrate may dispense with such attendance and issue a commission for the examination of the witness in accordance with the provisions of that Chapter.

But in the instant case, as already indicated, on the findings of the courts below, apart from the persons placed on trial, there was the approver who implicated himself equally with the other accused persons and a number of other prosecution witnesses as having been privy to the conspiracy. The Central Government has, therefore, on the advise of University Grants Commission (in short UGC) declared respondent No. 28 214 as also on the charge in that case the conviction could not be sustained.