The gist of the aforesaid provisions relevant to the question raised may be stated thus: The Manager of a factory-factory is defined under the Act as the premises wherein a specified number of workers are working and in any part of which a manufacturing process is carried on, with or without the aid of power-shall maintain a register of adult workers working in that factory, showing the necessary particulars mentioned in s. According to them there was a special practice obtaining among the families of the Nattukottai Chettiar community according to which appellant I was entitled to a decent remuneration for the management of the joint family business and properties.

In regard to the jewels and moveables it was contended that several items not belonging to the family, and some not even 'in existence, bad been shown in the said schedule. It was, however, urged that the total value of the assets enumerated in Sch. It was also alleged that some of the jewels shown in the said schedule belonged to the several appellants as their separate property. In that case letting out property may be part of its business.

The written statement referred to some more properties which had not been included in the plaint though they were liable to partition. The appellants also pleaded that the court had no jurisdiction to divide the immoveable properties situated in Burma. In this case, the society is a co-operative bank and ordinarily a co-operative bank cannot be said to be engaged in business when it lets out properties owned by it. 15,00,000 as alleged by the respondent.

Therefore, it seems to us that the present dispute between a tenant and a member of the bank in a building, which has subsequently been acquired by the bank cannot be said to be a dispute touching the business of the bank, and the appeal should fail on this short ground. The above decision also dispels the impression that if the Parliament has used the words may and shall at the places in the same provision, it means that the intention was to make a distinction in as much as one was intended to be discretionary while the other mandatory.

Appellant 2 who was a major filed a separate written 214 statement generally adopting the written statement filed by appellant 1 ; nevertheless he put the respondent to the strict proof of the allegations made by him in the plaint in support of his claim. Subramanium, learned senior counsel for the appellant, for it has been of immense value in rendering the judgment. According to another custom pleaded by the appellants it was alleged that provision had to be made for future Seermurais for the unmarried daughters of the family.

If there is any contravention of the said provisions, the occupier, who is defined as a person who has ultimate control over the affairs of the factory, and the manager are guilty of offences punishable under the Act. which is a cognate provision dealing with the effect of any error, omission or irregularity in the grant of sanction on the prosecution. This is obvious from the following passage where this Court declared that even when the two words are used in the same provision the Courts power to discover the true intention of the legislature remains unaffected: The first contention is that as a result of the decision of this Court in the appeal preferred by the Bank against the interlocutary judgment of the appellate tribunal, the whole of the enquiry held by the said tribunal pursuant to the said interlocutary judgment is invalid and infructuous.

The earlier sanads, admittedly in his possession, not having been produced and those produced not being in any way inconsistent with the said admissions or the revenue records, no question of any misconstruction of documents could arise. Then as regards the Thanathu maral accounts the appellants gave a detailed history of the amounts and their investments. We may also, at the outset, extract Section 465 of the Cr.

Broadly stated these were the pleas raised by appellants 1 and 3 to 5. Before we part with the case, we must candidly express our unreserved and uninhibited appreciation for the distinguished assistance rendered by Mr. Ordinarily, if a society owns buildings and lets out parts of buildings which it does not require for its own purpose it cannot be said that letting out of those parts is a part of the business of the society. But it may be that it is the business of a society to construct and buy houses and let them out to its members.

In the present case, if the onus lay on any party, it was clearly on the appellant to prove by cogent evidence that the admissions made by his predecessors-in-title and by him were either erroneous or unavailable and this he had failed to do. The respondent's case that appellant I had manipulated accounts and misappropriated family funds was denied, and it was urged that for the purpose of partition the assets of the family as they stood on the date of the partition should be taken into account.

'C ' would be only Rs. We also record our appreciation for the sustained endeavour put forth by Mr. It was admitted that the said amounts belonged to the family though the investments had been made in the names of the different members of the family. No adult worker shall be required or allowed to work in any such 1346 factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory.

Nariman, learned amicus curiae.