Accused gave evasive reply. 12) Having heard the learned counsel for the appellants and on perusal of the record of the case, we are inclined to allow the appeal and remand the case to the High Court for deciding the second appeal afresh on merits after hearing both the parties. Unda establish beyond reasonable doubt that the crime could not have been committed by one person alone. Subsequently on the same day, Sawant family informed that accused is available at their residence.
On the second question, they observed that business in annuities dependent on Chandigarh Advocates life as contrasted with “annuities certain” would be insurance business as defined in section 2(11) of the Act, and that the profits of that business being “gross external incomings” as defined in Rule 5(ii) must be determined under Rule 2(a). The accused was asked to stay back at the Police Station. Such consent may raise a presumption that the transaction was for legal necessity or that the mortgagee had acted therein after proper and bona flde enquiry and has 478 satisfied himself as to the existence of such necessity(1) Mohini being the immediate reversioner who joined in the execution of the security bond must be deemed to have consented to the Advocate Chandigarh transaction.
The accused was taken to the Police Station Meghwadi by Kalpana Raut and her relatives. Again, this case was not decided by a Full Bench under section 25 of the Act, and therefore Do review was maintainable under section 26. Shinde inquired from the accused about the whereabouts of victim, accused was reluctant to answer. Perusal of the number of anti mortem and post mortem injuries mentioned in autopsy report read with statement of PW 15 Dr. There is, therefore, no substance in this argument The gist of the offence under section 161 of the Indian Penal Code (Lawyers in Chandigarh so far as it is relevant here) is the receipt by a public servant of illegal gratification as a motive or reward for the abuse of official position or function, by the receiver himself or by some other public servant at his instance.
nThe Advocate Chandigarh for the respondents contended in the Supreme Court that the review application, in view of the changes referred to above, had become infructuous and should have been dismissed in limine, because even if the review application were allowed there would be no authority with jurisdiction and power to pronounce an effective judgment after hearing the appeal. mother of accused, accused was not present there.
And even if the appeal be considered to have been filed under section 1 1 of Regulation IV of 1099, the application for review must be dealt with under section 12 of the Regulation and a fresh judgment after the review would have to be submitted under section 11 to the Maharaja for confirmation by his Sign Manual; and the present Maharaja of Travancore did not possess the power to consider and to confirm or reject the same Chatterjee raises the question as to whether the fact of Mohini’s joining his mother in executing the security bond would make the transaction binding on the actual reversioner, Mohini being admittedly the presumptive reversioner of Haripada at the date of the transaction.
Kalpana was handed over photograph of accused by his mother from which photograph Kalpana identified the accused as the person with whom her husband went last night. The second question was accordingly, answered in the affirmative. “As at present advised a claim for bonus which had been rested on profits earned should ordinarily be determined on the basis of the profits earned in the year under claim and that the scale of bonus should be determined on the quantum of profits earned in the (1) (1952) I L.
Kalpana went to Sawant family and inquired the accused regarding whereabouts of her husband. nThe second point urged by Mr. Dealing next with the objection of the appellant that there had been no proper determination of the 827 profits under Rule 2(a), they held that in the absence of profit and loss statements for the previous years and other materials the Income-tax Officer had no course open to him except to adopt the figures computed under Rule 2(b) as a basis for computation under Rule 2(a).
There is no reason why the phrase “any public servant” used in the same context should be taken to mean any specified public servant. ” The phrase “Central or any Provincial Government or Legislature” does not contemplate any specified individual or individuals. It is against this decision that the present appeal has been preferred on a certificate granted under section 66A (2). Sawant took the Kalpana to his sister i.
Accused flatly refused that he had gone to house of Raut on previous night. The alienation here, was by way of mortgage and so no question of surrender could possibly arise. n” for rendering or attempting to render any service or disservice to any person, with the Central or Provincial Government or Legislature, or with any public ,servant as such. Kalpana met Police Sub Inspector Shinde who recorded the statement of Kalpana Raut and a complaint of missing person Prabhudas Raut was registered.
We do not think that there could be any serious controversy about the law on this point. Kalpana approached Sawant who was maternal uncle of the victim.