When notice was issued to the petitioners on the ground of fraud, they were certainly entitled to the particulars thereof. "A statute Law Revision Act does not alter the Law firms in Supreme Cour of Indiat, but simply strikes out certain enactments which have become unnecessary. The Chief Controller could have given the following particulars: they knew that their applications were rejected by the Chief Controller, they got similar applications surreptitiously introduced in the Bombay Office with forged recommendations under the signature of the Deputy Chief Controller, New Delhi, Mr.

The ascertainment of the intention of the parties is essentially a question of fact to be decided on the facts and circumstances of each case. Manager, Caledonian Press Chakravartti, C. The conviction of Appellants-Raman Lal, Naresh and Bhagat Singh for offences punishable under Sections 325 and 323 of the IPC and the sentence awarded to them shall stand affirmed. Gurukrishna Kumar, learned senior counsel, that a project which is cleared as residential plus commercial project cannot be treated as housing project and therefore, this direction is contrary to the provisions of Section 80(I)(B)(10) of the Act.

the Company's enemies came to know that the applications of the Company were rejected, then forged fresh applications, got them surreptitiously introduced in the Bombay Office and got the licences issued in favour of the petitioners: this is a rather far-fetched theory; (iii) after the applications were rejected, fresh applications were filed in the New Delhi Office, got forwarded to the Joint Chief Controller, Bombay, with the directions issued by the Deputy Chief Controller, New Delhi; (iv) the original applications filed by the Com- pany were ordered, and not rejected, by the Chief Controller or his Deputy and they were sent in due course along with the recommendations duly signed by the Deputy Chief Controller to the Joint Controller, Bombay, and that the licences were issued in the usual course: the Office of the Chief Controller New Delhi, after realizing that licences were issued contrary to rules or orders that licences should not be issued in respect of goods to be imported from soft currency areas, set up a false case of the original applications being rejected and the fresh applications substituted in the Bombay Office.

Therefore, we clarify that direction (b) is to be read in that context where the project is predominantly housing/residential project but the commercial activity in the residential units is permitted. 19 of the Act, even after the evidence for the defence is closed, it is open to the prosecutor to exhibit evidence to contradict evidence exhibited for the defence and the Commissioner is not bound to adjourn the proceeding although the new evidence was not included in the list furnished to the accused whereas there is no similar provision in r.

Examples given before us by the learned counsel for the assessee was that such commercial user to some extent is permitted to the professionals like Doctors, Chartered Accountants, Advocates, etc. In the latter, if the promise be not performed, the plaintiff's remedy is by action for the breach of the substituted agreement, and he has no right of resort to the original claim. Gupta, and obtained the licences by practising fraud on the Joint Chief Controller, Bombay; (ii) a third party, 429 presumably a rival businessman or members of the staff of the Company, evolved a complicated scheme of fraud to cause damage to the Company and their reputation.

" From the aforesaid authorities it is manifest that a contract may be discharged by the parties thereto by a substituted agreement and thereafter the original cause of action arising under the earlier contract is discharged and the parties are governed only by the terms of the substituted contract. , neatly brings out the purpose and (1) A. In the former there is no satisfaction until performance, and the debtor remains liable upon the original claim until the satisfaction is executed.

The aforesaid are some of the possibilities and there may be many others. Counsel for the appellant submitted that the procedure under the Act was more onerous against the public servant concerned in two important respects: (1) under s. " The plaintiff may agree to accept the performance of a substituted consideration in satisfaction, or he may agree to accept the promise of such performance. It invariably contains elaborate provisos. 11 of Act XXXVII of 1850, if the accused refuses or without reasonable cause neglects to appear to answer the charge, he shall be taken to admit the truth of the articles of charge, whereas there is no similar provision in r.

However, reading the direction in its entirety and particularly the first sentence thereof, we find that commercial user which is permitted is in the residential units and that too, as per DCR. They shall be set free unless required in connection of any other case, as they have already undergone the imprisonment awarded to them.