Without prejudice to the aforesaid contentions, Mr. ‘ The Company in its petition has stated that it had invested a large sum of about Rs. Therefore, we are inclined to examine the plea on merits, though reluctantly. More pertinently this relief was specifically pressed and argued in the High Court which was even entertained by the High Court without any objections from the respondent to the contrary.
It has filed the present petition for the reliefs mentioned already for the reasons, among others, that the Government acted illegally and with mala fldes and infringed the fundamental rights of the petitioner under Art. He further argued that care was taken at the time of acquisition itself not to touch the Abadi land. 2007 and thus the cognizance taken twice by the Magistrate is impermissible under the law. As we notice, the trial court has scanned the evidence and arrived at the conclusion that the prosecution had been able to bring home the charge on the base of credible evidence.
The High Court, as is demonstrable, has noted the submissions of the learned counsel for the appellant therein to the effect that the trial court had failed to appreciate the evidence in proper perspective, and had totally ignored the material contradictions in the testimony of the prosecution witnesses, and thereafter abruptly referred to the decisions in Ashok @ Pappu v. It was submitted that on 18. Thus, the same is reduced to the period already undergone.
Rao submitted that in spite of these serious infirmities in the judgment of the High Court, insofar as Government authorities are concerned, they were ready to pay the higher compensation and even allot land to the extent of 10% subject to the condition that quietus is given to all these cases with no further benefits. [3] and the factual matrix in the said cases, and concluded thus:- Keeping in view the aforesaid position of law and the statement of prosecutrix who was aged 7 years only at the time of incident and the medical evidence on record, this Court is of the opinion that the learned Court below committed error in convicting the appellant under Section 376 of IPC.
16 lakhs to obtain the mining lease and spent a considerable sum in prospecting and developing the mines, that by the arbitrary act of the Government it could not work the 613 mines, that a large number of labourers had been thrown out of employment and that in the result it was being put to heavy loss. After going through the evidence, it can be said that at the most appellant can be held guilty of the offence punishable under Section 354 of IPC.
(iii) which is residual in nature. 7% additional compensation had already been given to about ninety percent land owners. The first respondent to the petition is the State of Bihar and the second respondent is the Additional Secretary to the Government of Bihar in the Revenue Department. Therefore, now it is the settled position of law that a license granted under Section 4(1) of the Telegraph Act such as the one granted to each of the LICENSEES herein is a contract between the LICENSOR and the LICENSEE.
Ganesh, however, submitted that such a prayer should be culled out from prayer no. (f) and (g) of the Constitution. Shri That suggested that wage scales should be conditional on a newspaper establishment making profits in any particular year and also that time should be given to the newspaper establishments for bringing the scales into operation. He pointed out that 64. Further, 6% of land/flats had already been allotted to ninety percent farmers.
However, we find that there are specific averments to this effect in the body of the writ petition as well as in the grounds. 2007, the Magistrate took cognizance of the complaint for the first time and the Magistrate allowed the amendment application on 24. The result of this notification was that the Company was prevented from carrying on the mining operations in large tracts of land it had taken on lease from please click the next site said proprietor. Ordinarily, it would be difficult to read into this prayer clause a relief of substantive nature of issuing the writ of mandamus.
To appreciate the rivalised submissions advanced at the Bar, we have anxiously perused the judgment of the learned trial Judge as well as that of the High Court. [1], Phulki @ Santosh @ Makhan v. We also make it clear that the present directions issued under Article 142 of the Constitution cannot be comprehensive and there are several aspects of the matter which may have escaped our attention at this stage. The wage scales and grades recommended by the chairman were agreed to by a majority decision.
19(1)(a) of the Constitution by this Court, that liberty of the press was an essential part of the freedom of speech and expression guaranteed by that Article and the press had thereunder the right of free propagation and free circulation without any previous restraint on publication. They filed a counter denying the allegations made against mouse click the next web site Government and particularly stated that they had acted within their rights and cancelled the licence in strict compliance with the provisions of the Act.
2007 and the Magistrate again took cognizance of case for the second time on 21. Held, further, that there could be no doubt, in view of the interpretation put upon Art. Kiran Suri, learned Senior Counsel appearing for the appellant contended that under the Criminal Procedure Code there is no provision for amendment of complaint and in the absence of any specific provision in the Code, courts below erred in allowing the amendment in criminal complaint.
So far as sentence is concerned, keeping in view the aforesaid position of law and also the fact that appellant is in jail since last more than one year the purpose would be served in case the jail sentence is reduced to sources tell me [visit the up coming website] the period already undergone. In view of this, the appeal filed by the appellant is allowed in part and the conviction of appellant under Section 376 is set aside and appellant is convicted under Section 354 of IPC. The chairman and the representatives of the working journalists voted for and the representatives of the employers voted against.