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That decision of the Controller, the Court further held, could not be challenged in a court of law. Mahaveer PW24 accompanied Raghuveer Singh, IO. On arrest of Anju Ali vide memo P13 and on search from his right side pocket of Pant, 350 forged currency notes in the denomination of Rs. On April 29, 1959, the Division Bench dismissed the appeal and refused to grant certificate to the appellants to file an appeal in this Court. The Act has made a specific provision to the effect that the determination on the questions referred to in ss.

” On appeal by the Official Liquidators by a certificate of the High Court: ” An arbitration clause is a written submission, agreed to by the parties to the contract, and, best (secret info) like other written submissions to arbitration, must be construed according to its language and in the light of the circumstances in which it is made. ” Provided that where the official liquidator remains in occupation of premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the rights of the landlord of such premises to claim payment 190 by the Company or the Official Liquidator of rent during the period of the company’s or the Official Liquidator’s occupation.

5 of the Act that the tenant has not actually resided in the premises for a continuous period of six months immediately preceding the date of the order or under s. 89 on the ground that the said rule was inapplicable to the sale held by the receiver. The appellants then filed an appeal against the order of the learned judge before a Division Bench of the High Court and obtained an order for stay of delivery pending the decision of the appeal.

5 and 6 of the Act by the State Government shall be conclusive evidence of the declaration so made. P16 and also supported the factum of visiting Delhi along with Police. But that does not mean that the jurisdiction of the High Court under Art. 6 that the premises bad become vacant at about the time indicated in the order impugned. Mukesh Yadav PW13 also supported that he had taken the Police to Delhi by his Qualis No. Those are not collateral matters which could on proper evidence be reopened by the courts.

1,75,000/- were recovered which were also found to be forged. Similarly, if one party to (1) [1926] A. Identification of Anju Ali by Mehboob Ali and Firoz was also supported. If the dispute is as to whether the contract which contains the clause has ever been entered into at all, that issue cannot go to arbitration under the clause, for the party who denies that he has ever entered into the contract is thereby denying that he has ever joined in the submission.

Sanyal, for the appellants, has raised for our decision is that the courts below were in error in refusing to give relief to the appellants under 0. (7) While reasonable classification is permissible, such classification must be based upon some real and substantial distinction bearing a reasonable and just relation to the object sought to be attained, and the classification cannot be made arbitrarily and without any substantial basis. The said Dharamdas Chellaram died in November 1953, leaving him surviving his widow and a daughter.

226 or of this Court under Art. 32 or on appeal has been impaired. For application of section 27 of Evidence Act, admissible portion of confessional statement has to be found as to a fact which were the immediate cause of the discovery, only that would be part of legal evidence and not the rest. The State of Bihar (1) where it was observed as follows: ” The latest pronouncement on this topic is to be found in the judgment of this Court in the case of Budhan Choudhry and Others v.

RJ-14 7C 4668 and took the policemen from Jaipur to Delhi. The decision of this Court just referred to is an apt illustration of the rule which applies with equal force to the provisions best, secret info, of the Act now before us. The petitioner alleged that she had been occupying the premises in question as a member of her husband’s family since 1938 and best (click this link here now) that the tenant aforesaid had at no material date ceased to occupy the premises.

In a proper case the High Court or this Court in the exercise of its special jurisdiction under the Constitution has the power to determine how far the provisions of the statute have or have not been complied with. She also alleged that one Narottam Das Dharamsey Patel was a mere lodger who war, occupying a portion of the premises by leave and licence of her husband. But the special powers aforesaid of this Court or of the High Court cannot extend to reopening a finding by the State Government under s.

Vinod Sharma, PW11 though turned hostile, admitted his signatures on memo Ex. The petitioner is the widow of one Dharamdas Chellaram, who was a tenant of the premises in question. In a statement if something new is discovered or recovered from the accused which was not in the knowledge of the Police before disclosure statement of the accused is recorded, is admissible in the evidence. That is how this appeal has come before us; and the main point which Mr.

The appellants 26 202 then applied for and obtained special leave from this Court on May 20, 1959.