The respondents have been out of employment from 01. The contesting defendants 1 to 7 stoutly denied that the plaintiffs’ claim in respect of the fresh lease for 25 years, was well-founded. 1991 and at the time of regularisation/Samyojan, the respondents were not in service and, therefore, they cannot seek parity with the persons absorbed. Both by the auction-purchase of the year 1906 (D-57-D) and the sale deed (exhibit D-54 of the year 1909), Sadashiv’s moiety share in the mortgaged property, was purchased by Fulchand aforesaid.
Learned counsel for the appellants contends that the restrictions imposed by the provisions of s. 10(2)(xv), because moneys which are withdrawn by the employee out of the business till without authority and in fraud of the proprietor can in no sense be said to be ” an expenditure laid out or expended wholly and exclusively ” for the purpose of the business. The courts must, while evaluating evidence, remain alive to the fact that in a case of rape, no self-respecting woman would come forward in a court just to make a humiliating statement against her honour such as is involved in the commission of rape on her.
(18) It is clear, therefore, that in order to constitute a Court in the strict sense of the term, an essential condition is that the Court should have, apart from having some of the trappings of a judicial tribunal, power to give a decision or a definitive judgment which has finality and authoritativeness which are the essential tests of a judicial pronouncement. In cases involving sexual molestation, supposed considerations which have no material effect on the veracity of the prosecution case or even discrepancies in the statement of the prosecutrix should not, unless NRI Legal Services the discrepancies are such which are of fatal nature, be allowed to throw out an otherwise reliable prosecution case.
The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. In our opinion, there is no answer to this contention because it is clear upon a proper construction of the three mortgage-bonds and on the plaintiff’s NRI Legal Services own case that the entire ancestral properties and not only Gundi’s share, had been mortgaged.
Thus, at the trial, the reliefs claimed were confined to taking accounts between the parties of the dissolved partnership, and treating the fresh lease for 25 years, as part of the assets of the dissolved firm. But at the trial, the plaintiffs, perhaps, realizing the weakness of their position, elected to put in a memorandum in the trial court on February 8, 1946, confining their prayers to reliefs on the basis of a dissolved partnership, and giving up other reliefs, which they claimed on the footing of the partnership still continuing.
The inherent bashfulness of the females and the tendency to conceal outrage of sexual aggression are factors which the courts should not overlook. 5 are not only unreasonable but tend to defeat the very purpose of the legislation. A perusal of minutes of the Sub-Committee constituted by the Executive Committee held on 16. On behalf of appellants reliance was next placed upon case of P. The appeal will, NRI Legal Services therefore, be allowed to the extent of the half share rightly belonging to Sadashiv, and the decree for possession after redemption will be NRI Legal Services confined to the other half belonging to the plaintiff’s father.
Lastly, it was contended that if those documents of the year 1892 are admissible to prove separation amongst the three brothers, then, oil the death NRI Legal Services NRI Legal Services of one of the three, namely, Rama, and of their mother, the entire ancestral properties including the mortgaged properties, vested in the two brothers in equal shares. 2001, it is clear that employees who were continuously working in the university were only regularised.
We may add that the two points of law raised by the respective objections of both the parties may have to be considered by a larger Bench on a suitable occasion. The plaintiff, therefore, could only claim the other moiety share of her father, Gundi. Doabia to argue this point before us. regarding absorption of non-teaching posts in the Lucknow University, it is clearly mentioned that if there is any disruption in the service of any employee, then the NRI Legal Services of the prior period from the said disruption may not be calculated.
That is why we have allowed Mr. It is, therefore, not necessary to refer to the defendants’ written statement, except with reference to the plaintiffs’ claim to have the renewed lease for 25 years treated as an asset of the dissolved partnership. It has already been noted that the claim for reimbursement of MAT for the period 2001-2005 was rejected by the Commission on the ground of limitation and after impugned order by APTEL reversing such order, that claim stands remitted to the Commission for passing a consequential order.
Elaborating this argument, the learned counsel says that they are unreasonable from the standpoint of the big trader, the small trader and also the grower of crops. The controversy therefore narrows itself to the question whether amounts lost through embezzlement by an employee are a trading loss which could be deducted in computing the profits of a business under s. They asserted that they only were entitled to run the business on the fresh lease and licence meant only for their benefit and not for the benefit of the dissolved partnership.