B’s confession could also be taken into consideration under s. Provided that no person shall organise or assist Property Lawyers in India organising or be a member of any association in any area to which the provisions of section 15 have been made applicable (other than a recognised association) which provides facilities. elicit from him whether he would make any distinction between efficient economic life and useful life, so. 21 and will, therefore.
The Other two witnesses examined are Joseph Joyce, General Master Mechanic, and Girish Chandra Bansal, Master Mechanic, employed by the Company. Both of them have, in their statements given out their qualifications and experience which they. On behalf of the Company, it was urged India Top Property Lawyers that the Tribunal should have accepted the multipliers given in the second Schedule IA and should not have reduced them by taking into account those given in the first Schedule 1A, and, further, that there was no justification at all for the Tribunal to reduce the figures of the multipliers for the various blocks of machinery by 75, 55 or 35 on the ground that the machinery to be installed in replacement would have a higher production.
The only document in which a contrary notes was struck was the othi-deed (mortgage) Ex. On behalf of the workmen, it was contended that there was no justification for the Tribunal to take the average of the multipliers in the first and the second Schedules IA and that the Tribunal should only have proceeded on the basis that the multipliers given in the first Schedule IA were proved and were correct ones. of the Company, it may be accepted that, according to him, the maximum ,economic life of the machinery of the Company will be between 6 to 10 years and the useful life will be longer how much longer, he has not indicated.
have in dealing with automobile manufacturing machinery. ” This sub-section read with ss. made on the basis of the machines working 16 hours a. for the performance of any non-transferable specific delivery contracts by any party thereto without having to make or to receive actual delivery to or from the other party to the contract or to or from any other party named Top Property Lawyers in India the contract. On or after the appointed day no person shall– (a) save with the permission of the Central Government in this behalf or of an officer authorised by the Central Government in this behalf, enter into any futures in sugar or gur, or pay or receive or agree to pay or receive any margin in connection with any such futures.
30 of the Evidence Act, to lend assurance to the verdict, as B was fully tried jointly with the appellant, and his allegations of duress and torture for retracting his confession came months later and it was impossible to heed them. According to Joyce, the economic life of the machinery of the Company cannot go beyond 6 years, and this statement was. If we were to assume that he is using the expressions “economic life” and “useful life” in the same: sense in which they were used by Waplington, economic life would be 1/3rd of the useful life, with the result that, on his evidence, useful life of the machinery of the Company would work out to be 322 anywhere between 18 to 30 years.
Further, both the statements received corroboration at numerous other points in the story from independent evidence. 19 is irrelevant here, we may proceed to read them at once. Thus, if various, statements of his are taken into account and it is kept in view that he is. 20 and (b) and (c) of s. Before us, this method adopted by the Tribunal was criticised by counsel’ for both parties. In his case, however, no questions were put to.
20 and 21 is at the foundation of :the charge and as s. The Tribunal held that it would be justified to reduce the average multipliers arrived at by 75 for machinery installed up to’ 1951-52, by 55 for machinery installed during the years 1952-53 to 1955-56, and by 35 for that installed during the years 1956-57 to 1960-61. Therefore, the confession of B given independently and in circumstances which exclude any collusion or malpractice affords corroboration to the evidence of K in respect of the appellant.
omit the other clauses: We are concerned only with cls. Property Lawyers in India High Court giving the life, he qualified that word with “economic” or “economic useful”, so that he equated economic life with economic useful life and gave the figures on this basis. There was no gap of time between the statements of K and B, and it was impossible that the Customs officers could have tutored them to make the statements which agree in many details. The third witness, Girish Chandra Bansal, estimated the efficient economic life, based on 16 hours per day working, at 6 to 10 years, which Coincides with the’ estimate by Joyce.
A-64 of 1876 by which Muthu Meenakshi hid mortgaged her Melwaram interest in half of the, inam for 20 years in favour of Krishnaswamy Chettiar. day in two shifts of 8 hours each. In cross-examination, he, however, admitted that useful life of a machine is longer than its economic life. Later on, he added that, applying American standard, the life of the machines can only be 6 to 10 years. that his evidence does not appear to carry us any farther than the evidence of Joyce.