445 Clearly, the Court of Wards could itself settle a litigation in which two of its wards were involved even where representatives had been appointed under s. Enquiry proceedings were then resumed on September 5 at Simla and were continued till October 23 on which date the evidence on behalf of the State was closed. So judged, it could not be said that the omission to give the petitioners, in the instant case, who were more concerned to show that the company was not a party to the fraud than that no fraud had at all been committed, further particulars or inspection of the papers amounted to a denial of reasonable opportunity of being heard.

On and after December 28, 1950, the appellant filed several applications and affidavits for obtaining certain directions from the Enquiry Commissioner and for eliciting information from the State. which may have a somewhat remote connection with the business of prospecting, exploration or production of mineral oils. The defence witnesses were then examined between December 5 and December 28. Though such services may have some connection with the prospecting, extraction or production of mineral oil, the primary service rendered by the non-resident companies on the basis of the agreements is not for prospecting, extraction or production of mineral oil but various ancillary services like training of personnel etc.

10 of the Order was given to the 424 petitioners by the Chief Controller. The Central Government or any other Officer authorised in this behalf may cancel any licence granted under this Order or otherwise render it ineffective (a) if the licence has been granted through inadvertence or mistake or has been obtained by fraud or misrepresentation;". When the appeals were compromised, the compromise between the parties to the appeals, namely, the appellant and the respondent. It appears that the appellant did not, at that stage desire to examine any more witnesses, and the appellant's case was treated as closed on December 28.

Nor could it be said that the State Government, in the present case, acted in violation of the aforesaid principles. "Cancellation of Licences. 32 of 1959, arising out of the judgment and order dated February 18, 1959, of the Court of the Sessions Judge of Madhya Saurashtra, at Rajkot in Sessions Case No. The appointment of representatives could not hence have been intended to be obligatory. On October 27, the appellant filed a list of defence witnesses.

The failure to observe the provisions of the section did not render the compromise decrees in this case a nullity. Appeal by special leave from the judgment and order dated the 2nd April, 1959, of the Bombay High Court at Rajkot, in Confirmation Case No. On January 2, 1951, the Enquiry Commissioner adjourned the proceeding for the winter vacation. There was nothing in the Act which indicated that the Court of Wards did not have the power of making a contract between two wards.

For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law 9 and 10 of the Order read:- clause 9. In the instant case, however, the relevant provisions of the Act do not sanction any transgression of the aforesaid principles of natural justice or authorise the Government to constitute itself a judge in its own cause.

The material parts of cls. Life will become impossible. The proceedings were resumed 574 on March 12, 1951, and after recording formal evidence of two witnesses, S. Hence, the meaning of the literal rule of interpretation is simply that we mean what we say and we say what we mean. A detailed written statement was filed by the appellant and he gave evidence on oath between November 28 and December 5. The first point need not be considered as I am clearly of the view that no " reasonable opportunity " within the meaning of cl.

The Court has to satisfy itself that the person against whom action was proposed had a fair chance of convincing the authority that the grounds on which such action was proposed were either non-existent or did not justify it. therefore, the section is clearly directory. If we say that a certain object is a book, then we mean it is a book. Gurbachan Singh, Sub-Inspector and Ch. If we say it is a book, but we mean it is a horse, table or an elephant, then we will not be able to communicate with each other.

Learned counsel for the revenue has even suggested that if it is held that the High Court ought to have examined each agreement or contract to find out its real purpose and intent the revenue would have no objection if the matters are remanded for a complete exercise to be made on the above basis. It was not a compromise which the Deputy Commissioner, Barabanki, made with himself though he repre- sented both the parties. There can be no absolute standard of reasonableness and what constitutes reasonable opportunity of being heard in the peculiar facts and circumstances of each case is a matter to be decided by the Court.