The result is that the qualifications laid down in section 7 of Act No. The word thus being one of wide import, what meaning it bears in any particular enactment must depend on the context P-24 has been witnessed by the independent witnesses Arvind Veerkar PW-9 was independent witness of scene of occurrence and recovery of dead body and other articles, who was thoroughly cross examined by the defence. At that stage, steps were taken by Real Value for making a reference under Section 15 of the SICA to the BIFR.
nThe meaning given to it in the Oxford English Dictionary is “the finding out or bringing to light that which was previously unknown. other hand, the construction contended for by the respondent would give no meaning to the words ” disqualified for being chosen as a member of either House of Parliament ” Lawyers in Chandigarh section 17. This abandonment of his clients’ contention in the lower court was no doubt due to the fact that the written statement involved an admission of the plaintiff’ 69 538 case; for the plaintiffs in effect said, ‘we are the trustees of the Patriarch’s church,’ while the defendants said, ‘we are the trustees of a church to which the Patriarch is an alien.
” On a plain reading of the two judgments it appears that the majority Judges took the view that even if, as held by the District Judge, the plaintiffs had been guilty of acts and conduct imputed to them it was not necessary for them to enquire whether those acts were mere heresy or also amounted to a setting up of a new church or whether the Canon law requiring the verdict of an ecclesiastical authority applied to both or only to acts of heresy.
This attitude they adopted simply because of what they understood was the concession made by the defendants’ Chandigarh Advocate, namely, that the plaintiffs had not gone out of the church. It must further be noted that section 1 1 occurs in a Chapter which deals exclusively with qualifications and disqualifications for membership to electoral college in Part C States. It will therefore be correct to say that when a person comes to know of a fact of which he had no previous knowledge he discovers that fact, whether his want of knowledge is due to its not having been in existence during the material period, or to its having been unknown to him even though it might have been Lawyers in Chandigarh existence.
nIn the nature of the suit, the plaintiffs can succeed only if they make out, (A) that the defendants are using the trust properties belonging to Malankara Jacobite Church for the maintenance, support and benefit of another and a different body, namely Malankara Orthodox Syrian Church, Chandigarh Advocates and (B) that the plaintiffs are the duly elected trustees. He also recorded findings as to the limited scope of the Patriarch’s powers in temporal affairs (paragraphs 58, 60), which seem to be based on the erroneous view inter alia that persons who are subject to two systems of law are amenable for different aspects of the same offence only to punishment under one system (see paragraph 57).
One such situation is where winding up proceedings are pending and a reference is made to the BIFR. It is therefore not possible to draw any inference from the non-inclusion of section 7 in section 11 or vice versa. ‘ Nor was any attempt made here on behalf of the defendants to challenge the finding that the trust had not become altered; for any contention to the contrary provided no defence and was a further admission of the plaintiffs’ case. XLIII of 1951 must be held to be comprised within section 17 of the Act.
The general finding was challenged in the memorandum of objection (grounds 10 and 11), but not in the argument for the defendants here, which, as previously stated, proceeded on the basis that both sides were still members of the church. But the existence of this allegation on the pleadings serves to emphasise the defendants’ attitude to the trust. The learned Judge held against the general allegation of separation (judgment, paragraph 133), but in favour of the special allegation as to the plaintiffs’ view on temporalities (paragraph 108).
” Further down the learned Judge said “. In this court the defendants’ advocate did not seek to disturb the finding that the plaintiffs had not become aliens to the church. to the concession as follows:- “. The High Court has rightly observed that Panchanama is a composite document, which contains certain details pertaining to narration by the accused, and it also contains details which can be termed as panchanama of scene of occurrence, and it also contains the details of the dead body, which can be termed as inquest.
Indeed, as previously stated, he based his case on the ground that both parties were still within the church. The conduct of the accused which has come before the Court by evidence, recovery of clothes which was worn by him at the time of occurrence and recovery of keys which were with the deceased when he left the house completes the chain of events and unerringly points out that it was the accused who committed the crime. This situation occurred in Real Value where winding up proceedings were pending and the appointment of a provisional liquidator was under challenge.