It had been further established that the shirt of Bishinu Charan Saha was stained with human blood. 13,25,720 was payable as compensation. (1) Every sitting member of the Legislative Assembly of the existing State of -Himachal Pradesh representing a constituency of the said State shall, on and from the commencement of this Act, represent the constituency of the same name in the new State and shall be deemed to have been elected to the Legislative Assembly of the new State by that constituency.
on the night in question when he was going home he met the appellant Bipin Behari Sarkar who was going away hurriedly from the direction of the Bazar. On, this construction the rate at which the appellant is liable to pay the additional income-tax would be the difference between the rate of five annas and the rate of sixteen pies in a rupee at which the appellant has in fact paid income-tax in the relevant year.
on December 18,1956, he saw the appellants and Sanatan sitting with Malchand in the latter’s shop. Bishnu Charan Saha was the first to leave the shop. 10 or 15 minutes later, Bipin Behari Sarkar and Sanatan Das left after padlocking Sanatan’s shop. The Collector, Rangoon (1), the facts were that certain properties had been acquired tinder the Land Aequistion Act of 1894, and the Collector had determined the amount of compensation payable to the quondam owners.
The Collector of the Nilgris (4) and Secretary of State for India in Council v. Thereafter, the appellant Bishnu Charan Saha was seen coming behind Bipin Behari Sarkar. NRI Legal Services The cases providing for discuss a guide to courts to exercise discretion one way or other are only illustrative, NRI Legal Services they are not intended to be exhaustive, In England, the relief of specific performance pertains to the domain of equity, but in India the exercise of discretion is governed by the statutory provisions. The opinion expressed in jagannatham Chetty v.
The pension could be taxed only if it had arisen out of the office and the only point decided was that it had not so arisen as the headmaster held no office, having retired earlier, at the date the pension had been granted: see the same case in the House of Lords(1). graph B has to be deducted from the rate prescribed, NRI Legal Services it is difficult to understand why a rebate granted under paragraph 6(iii) of the Order should not likewise be deducted.
777, that the word ‘proceedings’ in s. In Rangoon Botatoung Company v. i6 of the amending Act must relate to proceedings instituted for repayment of a debt and not to execution proceedings which are for enforcement of a decree or order, doubted and the question left open. 8 deposed that in the evening of December 18, 1956, at about 7-30 p. Calculate the amount at the rate of five annas per rupee on the excess dividend and deduct from the amount so determined the aggregate amount of income-tax actually borne by such excess dividend; the balance is the amount of additional income-tax leviable against the company.
on the night of Malchand’s murder he had called out “Malchand ” ” Malchand “, but had received no reply. Bipin Behari Sarkar had on his person a blue coloured wrapper. On some enquiry made by the witness this appellant stated that he had been pressed by a call of nature. The method prescribed for determining the amount of this additional income-tax is this. It was heard by a Bench of two Judges, who determined that a sum of Rs. The evidence of these witnesses, which had been accepted by the High Court, established that the appellants were seen going in the direction of Malchand’s shop.
The existence of the cash-memoes, which were stained with human blood, with the signatures of Bishnu Charan Saha clearly established that at least Bishnu Cliaran Saha must have been present at the time of the murder because the cash memoes were being made out for him and they were stained with human blood which shows that Malchand was murdered while he was handling the cash-memoes. The Chief Executive Officer of the respondent No. In giving effect to this objection, the Board observed: Hindusthan Co-operative Insurance Society Limited (5) were relied on as supporting the contention that the present appeals are incompetent.
We accordingly hold that the rate applicable in sub-cl. 7 proved that at about 8 p. 3 proved that at about 8-30 p. There was no doubt some discrepancy about the timing but, as was pointed out by the High Court, the witnesses were giving the time approximately and did not purport to give the exact time. (ii) of the explanation read with cl. (1) of the proviso to para. (ii) of the proviso to paragraph B of Schedule I of the Act means the, rate actually applied in a given case.
The High Court referred to the various criticisms levelled against the testimony of this witness and after dealing with them came to the conclusion that the witness was a truthful witness and that his evi- dence established that the appellants were at the shop of Malchand at about 8-30 p. and that Malchand was last seen alive with them. The evidence of the doctor was that this injury could have been caused by the same instrument with which the neck injury of Malchand had been caused.
Subsequent to that, Bipin Behari Sarkar was seen going away hurriedly at a place not far from Malchand’s shop followed by Bishnu Charan Saha who was calling out to him ” Hei, Hei “. The last time that Malchand was seen alive was in the company of the appellants. In adopting this method, if rebate admissible under cl. The High Court believed the evidence of this witness. We think therefore that the teaching of Vedanta by the appellant in this case can properly be called the carrying on of a vocation by him.
2 deposed that at about 8-30 p. As per the evidence on record produced before us, which are the written communications between the State Government, respondent No. He had on his body a Sujni Chaddar. 4 had stated that at about 8 p. he had seen Bishnu Charan Saha passing in front of Gostha’s shop which was nearly opposite Malchand’s shop. 2-RDA and the Director of Town and Country Planning, the NRI Legal Services KVTDS was initially planned and proposed for an area of 416.
on NRI Legal Services December 18, 1956, he had seen the appellants and Sanatan Das sitting in the latter’s shop. Thereafter, they were seen with Malchand at his shop. It came to the conclusion that on the evidence of Mohan Lal Sarma and Sudhir Ranjan De it was established that at about 8 p. 2-RDA had issued public notification declaring its intention of coming up with an integrated township of 416. The spot at which he had met the appellant Bipin Behari Sarkar was at a distance of about 100 cubits to the south of the passage meant for sweepers 1333 of Malchand’s house.
He had heard Bishnu Charan Saha calling out ” Hei, Hei ” to Bipin Behari Sarkar-. Malchand was at that time placing cloth for their inspection. On their objection as to the quantum of compensation, the matter was referred to the decision of the Chief Court of Burina. The evidence of this witness had been fully accepted 169 169 1332 by the High Court. Dissatisfied with this decision, the owners preferred an appeal to the Privy Council under the provisions of tile Code of Civil Procedure.
4 or 5 minutes later, Bipin Behari Sarkar and Sanatan Das were seen going in the same direction. A pre- limilary objection was taken to the maintainability of the appeal on the ground that the decision sought to be appealed against was not a judgment of Court but an award and was therefore not appealable. It had been further proved that Bishnu Charan Saha had on him certain injuries of which one was an incised injury. the appellants and Sanatan Das were moving towards Malchand’s shop.
The evidence of Khum Chand Bothers, P. It is equally well settled that relief of specific performance is discretionary but not arbitrary, hence, discretion must be exercised in accordance with sound and reasonably judicial principles. Parthasarathy Iyengar, A.