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SS Sidhu The Smart Trick Of Chandigarh Advocates For Anticipatory Bail That No One Is Discussing
The witness admitted that the appellant used to send money while he was away by drafts and that he along with his mother used to go to the bank for that purpose. 1 was abusing PW1 and other prosecution witnesses and had also drawn out a knife. Saddikbhai @ Lalbhai Gulam Hussain Shaikh, on the other. The witness proved two letters marked Ex D4 the issues framed and the evidence led by the parties, we cannot agree with the High Court that the respondent-election petitioner had made out a case for declaration that the result of the election in favour of the returned candidate was void under Section 100(1)(a) of the 1951 Act.
According to the witness, the appellants brother Benny started feeling sick for which Kunjumon, who was present, was asked by the appellant to call a jeep to take him to the hospital. Sub-section (3) of section 4 says Nothing contained in subsection (1) shall operate as a bar to the recovery by the outgoing proprietor of any sum which becomes due to him-before the date of vesting by virtue of his proprietary rights and any such sum shall be recoverable by him by any- process of law which but for this Act would be available to him.
I in view of the decision of this court in Turner Morrison [1950] S. The appellant simultaneously asked the witness to go to his house and fetch the medical prescription from his wife Neena. Section 6 is very material, and it is in these terms` (1) Except as provided in sub-section (2), the transfer of any right in the property `Which is liable 481 to vest in the state under this Act made by the proprietor at any time after the 16th March, 1950, shall,. They thereafter engaged themselves in search of the persons refereed to by procedure of anticipatory bail the appellant but in vain.
2000, is to the effect that on 19. The witness along with PW1 Cheriyan @ Papputty then went to the house of the appellant and when Neena did not respond to their calls, they open the door which was not bolted and on reaching the kitchen area, they found the deceased in a hanging position from a hook atop the kitchen veranda by a saree, but was gasping for breath. " If the outgoing proprietor is entitled how to get anticipatory bail, recover any sums as quid pro quo for what he has parted with under the transfer, it can only be on the basis that the transfer is a good and valid transaction unaffected by the Act.
1 had arrived at the scene procedure of anticipatory bail the crime with nine armed men in two auto rickshaws goes to show that he had the fullest intent to commit the murder of the deceased Rajubhai. , one Rajubhai Jesingbhai Vasava(PW1), along with Rajubhai Ramubhai Vasava (deceased), Rakeshkumar Manharbhai Patel (PW2) and Prajeshkumar Ishwarbhai Patel (PW3), four persons, had gone to Amboli Cross-road, on two motorcycles, from the house of Rakeshbhai Tailor at Kholwad, for eating Biryani and after reaching at the Lari of Saddik @ Lalbhai Gulam Hussain Shaikh of Village Kathor (Accused No.
But they were served only three plates of Biriyani with chicken pieces and one plate of Biriyani without chicken pieces. All that would be necessary for us to say in this regard is that any such view would not be consistent with the legislative intent expressed by the enactment of two separate and specific provisions contained in Section 100 (1) (a) and 100 (1) (d) of the 1951 Act. The very fact that Accused No. He also affirmed that the appellant used to be in touch with them through letters and phone calls.
The appellant in his defence, examined his son Akhil as DW1, who at the relevant time, had finished his studies and was working in the production section at Fortune Hotel, Kozhikode. 1 was liable to be punished only under Section 302 of IPC and not under Part I or Part II of Section 304, he urged. He denied the appellant`s association with a lady named Darly and as a matter of fact expressed ignorance about her. , while he was preparing to sleep, the appellant loudly called him as well as his brother Benny to come hurriedly.
When the witness reached the place from where the appellant had shouted, he found the appellant asking somebody to stop and also abusing someone. 1), they ordered four plates of Biriyani. He deposed that during the time his father was away, he used to stay with his mother and younger brother in their house at Edattankuzhiyil. 1 insisted on payment for four plates of Biriyani, there was a hot altercation between Rajubhai Ramubhai Vasava and other prosecution witnesses, on the one hand and Accused No.
In course of the investigation, the police conducted the inquest of the dead body and in the process also recorded the statement of PW6 Mathew who was present. Thereafter, they had to pay money for four plates of Biriyani and all this while Accused No. The witness further stated that by that time, the appellant and others came running by hearing their cries and the appellant brought a knife from the kitchen, cut the saree, brought down the body and then they took Neena thereafter in a jeep to Thalayada Hospital where the nurse there recommended that she be taken to the Medical College Hospital, They did so, but the doctor there declared her to be dead.
However, PW3 intervened and separated PW1 and other prosecution witnesses and Accused No. Mukherjee, the learned counsel for the appellant (1) (1950] 18 I. R, 1953 SCR 105 70 532 did not contest the correctness of the answer to question No. He stated that the appellant, his father was initially in the police service from where he resigned and went to Gulf for work in the year 1997 and had returned in August, 2000. as from the date of vesting, be void.
The brief facts necessary to dispose of these appeals are that on 04. He deposed on oath that during his academic years, he resided with his mother and his younger brother named Nikhil. When the matter came up for further arguments before us on this opinion of the High Court,Shri S. His statement, as recorded on the date of the inquest i. He confirmed that the relationship between his mother and father was very cordial.
On seeing this, both of them loudly raised alarm and raised Neena upwards by holding her legs. When enquired, the appellant, stated to have seen two persons who had pushed him down and had ran away. Having reached our conclusion on above said basis, it is not necessary to go into the question raised on behalf of the respondent-election petitioner that failure to produce the copy of the electoral roll of the constituency in which a candidate is a voter or a certified copy thereof, by itself, would amount to a proof of lack of/absence of qualification under Section 5 of the 1951 Act.
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