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Tongaonkar’s evidence. Once the Special Public Prosecutor is appointed to a case, and is put in charge of a case, then he may appear and plead without any written authority before “any Court” in which that case, which is entrusted to him, is under enquiry, trial or appeal. The statements of witnesses may and do comprise numerous facts and circumstances, and it happens that when they are asked to narrate their version over again, they omit some and add others.

Such is the de facto doctrine, born of necessity and public policy to prevent needless confusion and endless mischief. “A judge, de facto, therefore, is one who is not a mere intruder or usurper but one who holds office, under colour of lawful authority, though his appointment is defective and may later be found to be defective. Otherwise so soon as a judge pronounces a judgment a litigation may be commenced for a declaration that the judgment is void because the judge is no judge. In the instant case the factum of rash and negligent driving has been established.

The defective appointment of a de facto judge may be questioned directly in a proceeding to which he be a party but it cannot be permitted to be questioned in a litigation between two private litigants, a litigation which is of no concern or consequence to the judge except as a judge. Two litigants litigating their private titles cannot be permitted to bring in issue and litigate upon the title of a judge to his office. There is yet another rule also based on public policy.

In deciding the question as to whether the claim as disclosed by the statements prepared by Mr. Besides, it is not unlikely that the steps taken by the appellant ostensibly for rehabilitation, replacement and modernisation of the machinery have appreciably increased its production, and that may partly be due to the fact that the 991 general plan of expansion adopted by the appellant has been in operation for some time past. It is in the light of these facts that we have to examine the appellant’s claim for rehabilitation.

He has lumped together all assets of the appellant that need rehabilitation. 7 would be adequate; and it has given no finding as to the suitable divisor. In his speech delivered on January 24, 1951, at the Fourteenth Annual General Meeting of the appellant company, the Chairman stated that most of the company’s pre-war plant would be due for replacement in the course of the next ten years and he added that ” at the present price levels, replacement will cost on an average 2 1/2 times the original cost.

Tongaonkar is inflated or not, the respondents have asked us to consider the estimate made by the appellant’s Chairman in that behalf. A judged title to his office cannot be brought into jeopardy in that fashion. Tongaonkar legal service in Chandigarh and the statements prepared by him. When some omissions occur, there is contradiction in one sense but not necessarily on a relevant matter. We have already stated our conclusions top legal services in Chandigarh regard to some of the infirmities best legal in Chandigarh the evidence of Mr.

Unfortunately, the tribunal has contented itself merely with the observation that the multiplier of 2. What use can be made of such omissions or additions is for the accused to decide, but it cannot Chandigarh legal services be doubted that some of the omissions or additions may have a vital bearing upon the truth of the story given. Whatever be the defect of his title to the office, judgments pronounced by him and best advocate in Chandigarh acts done by him when he was clothed with the powers and functions of the office, albeit unlawfully, have the same efficacy as judgments pronounced and acts done by a judge de jure.

This court has been constantly noticing the increase in number of road accidents and has also noticed how the vehicle drivers have been totally rash and negligent. That is why we must now proceed to adopt a suitable multiplier and divisor for deciding the question of rehabilitation. F (a) as a basis for our calculations. This will involve an expenditure of about best Chandigarh lawyers Rs. 8 crores over and above the provision already made for depreciation “.

We have so far considered the broad arguments urged against Mr. The contention is that, considered in the light of this estimate, the pre,sent claim for rehabilitation is very much inflated. It seems to us driving in a drunken state, in a rash and negligent manner or driving with youthful adventurous enthusiasm as if there are no traffic rules or no discipline of Chandigarh law firms has come to the centre stage 145 of the Indian Evidence Act provides is that a witness may be contradicted by a statement reduced into writing and that is also the use to which the earlier statement can be put under s.

In doing so, we have taken Ex. His estimate about the life of the plant and machinery has not been allowed to be sufficiently tested in crossexamination and, on the whole, it appears to err a little too much on the side of a conservative estimate ; and if that is so his divisor may need revision; it is also probable that in the items included by him under rehabilitation may have been included some which are more of the character of expansion than rehabilitation, replacement or modernisation.

162 of the Code of Criminal Procedure. He has taken into account the prices prevailing only in 1956, and in the selection of an average multiplier he has probably been slightly generous to the appellant.