The Abolition Act is a law for the compulsory acquisition of property and, therefore, the court must put that interpretation on the relevant sections which will result in the payment of compensation to the person who is deprived of his property. 3-42-65 to 3- 42-69 belong to Murthy Cooperative Housing Society " Trespassers will be prosecuted. Learned counsel would submit that there was a confession which was retracted in the proceeding before the GCM.

299 of the Government of India Act, 1935. The proper question that arose on the facts of the present case was held to be: " Whether on the facts and circumstances of this case the payment received from a buyer by a banker in Part A or C States against delivery of railway receipts for goods sent by the seller is payment in these States or in Ratlam which was a Part B State. The Court must, therefore, interpret the provisions of the Abolition Act on the footing that it is a valid piece of legislation and that its provisions do not offend s.

legislative, executive and the judiciary, as earlier discussed. We close the matters on the aforesaid note by approving and adopting the recommendations of the Committee except what has been specifically indicated above with regard to (1) publication of photographs of the Government functionaries and political leaders alongwith the advertisement(s). We repeat at the cost of repetition, nothing has been elicited in the cross- examination or brought on record which will make the statement hollow and unreliable.

5(3) Of the Act, the statutory presumption had to be raised and it would be for the accused to rebut the same by cogent evidence. Those provisions proceed on the assumption that certain laws passed under the Government of India Act, 1935, did offend s. In this regard, we would like to clarify that it is not the intention of the Court to attempt to lay down infallible and all comprehensive directions to cover the issue at hand.

While I was proceeding with the execution of warrant, some persons brought a board and tied it to the gate which contained some letters painted as ˜This land and construction area Cantonment H. It was a voluntary statement and the meat of the matter is that it had been done under a statutory Rule and has been proven to the hilt before the GCM. 10(4) of the Act made it clear that interim relief, where admissible, could be granted as a matter incidental to the main question under reference, although it might not be expressly mentioned in the terms of the reference.

According to learned counsel for the appellant, the Court must assume that the Madras legislature acted properly and within the limits of powers conferred on it. On a studied scrutiny of the statement of the accused, we find that the appellant was asked whether he was inclined to make a statement and also apprised that he was not obliged to say anything unless he wanted to say. It may be conceded 71 558 that normally this is the correct approach to the problem, but the argument loses much of its force.

The gaps, if any, we are confident would be filled up by the executive arm of the government itself inasmuch as the attainment of constitutional goals and values enshrined in Part IV of the Constitution is the conjoint responsibility of the three organs of the State i. It is said that the primary object of the Act is to help agriculturists, that agriculturists do not ordinarily deal or do business in bales of cotton and that the legislature could not, therefore, have intended to make the Act applicable to pressed cotton.

The Abolition Act is one of the Acts included in the Ninth Schedule and is protected by Art. Thus, there was no compulsion. That apart, a warning was given to him that whatever he would say would be taken down in writing and given in evidence. It cannot be disputed that one of the objects of the Act is to protect the producers. But the employer's power of suspension could not take away the power of the Tribunal to grant interim relief to the workmen under the Act, the words " incidental thereto " occurring in S.

When we advert to the provisions of Art. But what we have noticed is that the GCM has relied on the statement made vide Ext. 299 of that Act and expressly save those Acts. 31(6) and 31 B of the Constitution of India read with the Ninth Schedule thereto. In the circumstances, the court must interpret the Abolition Act as it finds it by giving the ordinary and natural meaning to the words used by the Madras legislature and uninfluenced by any pre-conceived notion as to validity of the Abolition Act.

That on 26-9-58 you attended another meeting of the South Durtolla Branch of the Jana Sangha at Jatin Mitter Park, where you denounced the aforesaid agreement between the two Prime Ministers and stressed the need of forming a militia with the youths of the country for the safety of the people living in border areas and urged all to enrol themselves for the said purpose. Where the prosecution fulfilled the conditions laid down by the earlier part of s.

442, para 24) * * * [E]quity will, in a given case where justice and fairness demand, prevent a person from insisting on strict legal rights, even where they arise, not under any contract, but on his own title deeds or under statute. " (2) Where goods are sent by rail and the railway receipts in, favour of self are sent to a banker to be delivered to the buyer against payment of the price, the appropriation to the contract is only conditional and the performance is completed only when the monies are paid and the railway receipts delivered.