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asked 2018-10-26 09:46:29 -0500

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This contention again is clearly untenable. 14 regarding the abduction of the deceased. Advocates (check this site out) We are thus inclined to exonerate him of the charges. The result Advocates (her explanation) is that the deeds dated 26-3-1915 and 23-11-1917 are valid but not the deed dated 1-6-1937, and that the leases granted to the appellant are valid, Advocates (her explanation) but the clause postponing Advocates (her explanation) the payment of Advocates (her explanation) minimum royalty in the lease deed or deeds of 2-8-1937 is inoperative.

When that has been done, the force of the section is spent. Secondly, it is contended that the sanction that was accorded by the Board was to the lease with the 356 covenant which has been held to be void, and that the deed without that covenant has not been sanctioned. " In pursuance of the aforesaid order, the appellant joined at Simla and on March 30, 1948, he instituted a suit against the Union of India asking for a declaration that he was in the service of the Union of India as a member of the permanent regular ministerial establishment of the office of the Director General, Indian Medical Service.

4(1)(a) of the Act, which makes it an offence to be in possession of liquor, and to s. 4(2) which raises a rebuttable presumption of guilt under s. He will be posted in the Indian Medical Review Section. 3, 4, 5, 6 and 9, who were with the deceased when the communist group came upon them and who were themselves badly beaten up by the gang before being released from, impending death at the merciful intervention of (1) [1916] 2 K.

If the deed is bad on the merits, it will fail on that ground and not on the ground that by reason thereof, the sanction becomes ineffective. The investigating agency, thus in the case of a probe into any offence has to maintain a delicate balance of the competing rights of the offenders and the victim as constitutionally ordained but by no means can be casual, incautious, indiscreet in its approach and application. This evidence was given not by mere onlookers but by men like P.

14 has been amply corroborated. Under that Act the Governor could do one of four things. It was not disputed for the appellants that there is abundant evidence consisting of the testimony of several witnesses in support of the truth of the narrative given by P. Whether the transaction turns out to be good or bad on the merits can have no effect on the sanction, which had been granted before it was entered into. The police force with the power and resources at its disposal is a pivotal cog in the constitutional wheel of the democratic polity to guarantee the sustenance of an orderly society.

It is usually the first refuge of one in distress and violated in his legal rights to seek redress. The conviction and sentence of the appellant is set-aside and he is ordered to be set at liberty, if not wanted in an connection with any other case. Judged by this test, we can say that the evidence given by P. Section 18 only requires that the transaction should be entered into with the sanction of the Board. He could in his discretion declare that he assented in His Majesty's name to the Bill or that he withheld assent therefrom or that he reserved the Bill for the consideration of the Governor- General or he could in his discretion return the Bill together with a message requesting the Chamber or Chambers to reconsider the Bill or any specified provisions thereof.

The appeal thus succeeds. And the result is the same whether the deed is bad in part or in toto. They say that at the time of the release the accused retained the deceased with them and took him away in the direction of Mulgupad. It will be recalled that after the Bill had been passed by the Assam Legislative Assembly on the 28th March, 1949, it was presented to the Governor under section 75 of the Government of India Act, 1935. A devoted and resolved intervention of the police force is thus an assurance against increasingly pernicious trend of escalating crimes and outrages of law in the current actuality.

The investigating agency as the empowered mechanism of the law enforcing institution of the State is entrusted with the solemn responsibility of securing the safety and security of the citizens and in the process, act as the protector of human rights. In rejecting the contention that the presumption was a violation of the due process clause, the Court observed: It is thus in terms similar to s. He also claimed certain other reliefs which were, however, given up. The contention therefore that the lease deeds dated 2-8-1937 are inoperative must be rejected.

The reasons (b) to (f) may conveniently be dealt with together. 658 253 some one of them. In the wake of the determination made hereinabove, we are of the unhesitant opinion, that it would be wholly unjustified to uphold the conviction of the appellant for the offences charged on the basis of the evidence, oral and documentary adduced by the prosecution. People of the State of New York (1), a law of New York had made it an (offence to be knowingly in possession of gambling instruments, and enacted further that possession of such instruments was presumptive evidence of knowledge.

The police force, thus is bestowed with a sacrosanct duty and is undisputedly required to be impartial, committed and relentless in their operations to unravel the truth and in the case of a crime committed, make the offender subject to the process of law. (P), in this office at Simla immediately.

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