Top Guidelines Of Advocate In Chandigarh
If in a given case, the whole of the testimony of the witness is impugned, and in the process, the witness stands squarely and totally discredited, the Judge should, as a matter of prudence, discard his evidence in toto. 5 cm was present Advocates [her latest blog] on the anterior side of chest on the left side, 6 cms below and lateral to left nipple at 4. R to the learned Magistrate; that the non- examination of the person who accompanied P. The other is that they were set up for the purpose of concealing portions of the profits earned by the company so as to reduce the tax to which it was liable to be assessed.
One is that the object of the Managing Agent was to defraud the shareholders by purchasing goods himself at a low valuation for his own benefit and that the intermediaries were set up by him for that purpose. Now, on the facts, two inferences are possible. Thyagaraia Chettiar who was to have the benefit of them? of attack also must be rejected. We have heard learned counsel for the appellant and the respondent State. It was further submitted Advocates (useful link) that the trial court Advocates, useful link, by placing reliance upon the Sat Pauls case (supra) found a part of the complainant-Jai Bhagwans testimony reliable and held that the demand of bribe money by the appellant from the complainant-Jai Bhagwan to release his brother Krishan Kumar (PW- 9) can be said to be proved.
After giving our anxious consideration to the matter we are of the definite view that the prosecution has been able to prove the guilt of the appellant beyond all reasonable doubt. 7 was fatal to the case of the prosecution; that the so called eye witness P. In the result, all the contentions of the appellant based on the assumption that the intermediaries had been held to be benamidars for the appellant must be overruled on the ground that on the findings of the Tribunal they do not really arise.
Transverse stab wound 3 x 0. But the fact that the court gave permission to the prosecutor to cross-examine his own witness, thus characterising him as, what is described as a hostile witness, does not completely efface his evidence. The former involves cheating the shareholders; the latter, evad- ing the tax due to the State. 11 against whom a criminal case was pending. The learned counsel also submitted that no reliance can be placed upon the version of P.
The prosecution could have even avoided requesting for permission to cross- examine the witness under Section 154 of the Evidence Act. (emphasis supplied) However, in the instant case, from the material on record, it is amply clear that the complainant-Jai Bhagwan turned hostile on two important aspects namely, demand and acceptance of bribe by the appellant which is sine qua non for constituting the alleged offence under Sections 7 and 13(1)(d) read with 13(2) of the PC Act convicting the appellant and sentencing him for the period and fine as mentioned above.
Injured eye witnesses have assigned specific role as to how he assaulted Santa Singh who suffered ante mortem injuries which gets corroborated from the autopsy report of Santa Singh. 12 Doctor who issued the injury reports (Exs. Pericardial sac contains about 200 C. Is it likely that the Directors would have accepted these sales involving such huge loss to the company and carried on regularly from month to month and year to year during the whole of this period as proper and genuine, unless they considered that it was the company and not Mr.
In about 1950, disputes arose between the agarias and the appellants as to the conditions under which the agarias should be engaged by the appellants in the manufacture of salt. 7 there was no blood stained cloth of the said accused recovered of him; that there was delay in forwarding the F. The procedure followed in such cases must, therefore, include the giving of two notices to the servant, one at the enquiry Stage and the other when the competent authority, as a result of the enquiry, tentatively determines to inflict a particular punishment on him.
it was argued by the learned Solicitor-General for the respondent that if on the facts two inferences were possible and the Tribunal chose to draw one and not the other, it was not a matter in which the court could interfere, if the inference is one of fact. 10 who claimed to know two of the accused viz. There are as many as five stabbed wounds out of the six ante mortem injuries. We, therefore, do not find any infirmity or illegality in the judgment passed by the two courts.
Is it an unreasonable inference for the Tribunal to draw that the motive by which the Managing Agent was actuated was the latter and not the former? On dissection, it is going in wards and medially through 6th inter costal space, piercing the pericardium and left vertical. , A1 and A2 did not support the case of the prosecution and therefore on that ground as well, the conviction is liable to be set aside. The same are being reproduced below from autopsy report of Santa Singh:- 1.
He has placed reliance on the following finding and reasons recorded by the trial court, which relevant portion from para 16 reads thus: That is a proposition of law well settled, and has not been disputed. Hence, the judgment of conviction must sustain in law. Is it not more legitimate to presume that the Managing Agent wanted to benefit the shareholders by reducing the 730 tax rather than he wanted to defraud them by himself purchasing the goods for a low price in the names of the intermediaries?
We have also meticulously examined the finding recorded by the two courts on the basis of the evidence brought on record by the prosecution side. The evidence remains admissible in the trial and there is no legal bar to base a conviction upon his testimony if corroborated by other reliable evidence. The Government of Saurashtra, by its letter of Reference dated November 5, 1951, referred the disputes for adjudication to the Industrial Tribunal, Saurashtra State, Rajkot.
The appellants contested the proceedings on the ground, inter alia, that the status of the agarias was that of independent contractors and not of workmen and that the State was not competent to refer their disputes for adjudication under s. If the Tribunal came to the former conclusion and it is one which could reasonably be come to on the materials, it is not one which the court can review, being Advocates (useful link) one of fact. The injured were attended by P. If the Judge finds that in the process, the credit of the witness has not been completely shaken, he may, after reading and considering the evidence of the witness, as a whole, with due caution and care, accept, in the light of the other evidence on the record, that part of his testimony which he finds to be creditworthy and act upon it.
