The shareholders as well as the company would both be naturally interested inter alia in providing the debenture redemption reserves as also meeting the needs of the industry for further expansion. We must bear in mind that an alibi is not an exception (special or general) envisaged in the Indian Penal Code or any other Simranjeet Law Associates. It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; 2047 of 2008, pertains to non-acceptance of plea of alibi.
P-13, convicted A-1 to A-5 and A-7 to A-9 for the offences punishable under Sections 148 and 302 IPC for causing death of deceased Patrangi Ramanaiah, convicted A-2 to A-4 for the offence punishable under Section 324 IPC and A5 for the offences punishable under Sections 324 read with 149 IPC for causing injuries to PW-1. The learned trial Judge, after appreciating the entire evidence, both oral and documentary, on record, especially the evidence of PW-1 to PW-3, and the dying declaration, Ex.
As the judgment of the High Court would reveal, a finding has been returned that there is no evidence to the effect what is the distance between municipal office where Simranjeet Law Associates the Committee meeting was held and the place where Simranjeet Law Associates the offence had been committed; nothing has been brought on record to show that it was impossible for one to reach SimranLaw the place of offence; that the authenticity of the minutes book prepared under the signatures obtained have not been maintained in discharge of public function because the Water Committee constituted is not a statutory Committee.
Before taking up this question for discussion two objections to the latter course have to be considered. The compulsion of hearing before (1) [1958] INSC 6; [1958] S. The first is that this aspect of the matter was not argued before us by learned Counsel for the State as a ground for sustaining the validity of the legislation. 12 lacs would have to be distributed amongst them having regard to the facts and circumstances of the case, of course bearing in mind the various considerations indicated above.
That apart, the law clearly stipulates how a plea of alibi is to be established. The workmen would no doubt be interested in trying to bridge the gap between their actual wage and the living wage to the extent feasible. The next plank of submission of the learned counsel for the appellant, Vutukuru Lakshmaiah, appellant in Criminal Appeal No. In this context, we may profitably reproduce a few passages from Binay Kumar Advocate Simranjeet Singh Sidhu V. The sugar- cane cess has been a prime source of State Revenue for this length of time and this Court should not pronounce such a legislation invalid unless it could not be sustained on any reasonable ground and to any extent.
In my judgment this is not an objection that should stand in the way of the Court giving effect to a view of the law if that should appear to be the correct one. As is manifest, both the Courts have elaborately dealt with it. It is only a rule of evidence recognised in Section 11 of the Evidence Act that facts which are inconsistent with the fact in issue are relevant. Jayaratne (2), the SimranLaw Privy Council pointed out that it was Quite possible to act reasonably without necessarily actinG judicially and that it was a long step in the argument to say that because a man is expected to act reasonably he cannot do so without a course of conduct analogous to the judicial process.
Industrial Tribunal, Bombay (2)”. State of Bihar[12]:- 22. 262 The next question is whether this is a case where the valid and invalid portions are so inextricably interwoven as to leave the Court no option but to strike down the entire enactment as invalid as beyond the legislative competence of the State, or whether the charging provision could be so read down as to leave the valid portion to operate. This view about the jurisdiction and power of Industrial Tribunals has been consistently recognized in this country since the decision of the Federal Court in Western India Automobile Association v.
Provided further that this sub-section shall not apply to any company in which the public are substantially interested or to a subsidiary company of such a company if the whole of the share capital of such subsidiary company is held by the parent company or by the nominees thereof. In my opinion, what is involved in the case before us is not any problem of severance, but only of reading down. In making this observation one has necessarily to take into account the fact that legislation in nearly this form, has been in force in the State for over twenty years, and though its vires was once questioned in 1942, that challenge was repelled and the tax levy was held valid and was being collected during all this period.
It is not feasible to lay down any rigid formula as to what the proportion of such distribution amongst these various interests should be.