" Lastly, it was argued that when the section speaks of the burden being on the accused person to prove the contrary, it must mean adducing evidence to disprove the charge. It may yet be open to the concerned parties where there is a real grievance to approach the Government to get a suitable reference for the future as well as for the account years 1949, 1950 and 1951. The Labour Appellate Tribunal, however, came to, a different conclusion with regard to the scope of item 5 and held that it embraced the claims to bonus for the relevant years.

43,692-11-9 had been entered on the credit side in the books of account even though it was not money actually received but only money treated as received on the basis that it. Accordingly, it said :- " It follows, therefore, that the claims to bonus made for the relevent years have not yet been adjudicated upon and that the terms of the reference have not been exhausted. In the circumstances aforesaid, we hesitate to hold that we are concerned with the question of quantum of benefits for particular banks and for particular years in the past in the light of profits of such banks durina those periods.

" The primary duty is on the Government to be satisfied subjectively whether a reference should be made or not. " What the Sastry Tribunal did was to consider the question whether there could be a bonus scheme for future years and whether it should be made to apply retrospectively to all Banks and for all years; and as to the guiding principles for the ascertainment of bonus, the Sastry Tribunal suggested certain lines of approach and recommended them for the earnest consideration of both the parties.

In our opinion, there is a (1) A. When the appeals were compromised, the compromise between the parties to the appeals, namely, the appellant and the respondent. 14 (Vide: Shri Ram Krishna Dalmia v. 14 does not forbid reasonable classific-ation for the purposes of legislation; no doubt it forbids class legislation; but if it appears that the 597 impugned legislation is based on a reasonable classification founded on intelligible differentia and that the said differentia have a rational relation to the object Sought to be achieved by it, its validity cannot be successfully challenged under Art.

The first two involved the declarations sought. The argument proceeds that as in the present case, the facts and circumstances mentioned in the charge had not been proved, the accused person must be acquitted as having disproved the charge with reference to the particular cases of bribery which had been held not proved. Three others concerned the position of defendants 1 to 4, 6 and 7 in respect of maintenance, share in the right of customary worship and management.

2 (1): In this Act unless there is anything repugnant in the subject or context,- (i) "Agricaltural Produce" includes all produce of agriculture, horticulture and animal husbandry specified in the schedule; 5 of the Act, have been fulfilled by evidence to the satisfaction of the Supreme Court of India Advocates (my latest blog post), as discussed above, the court has got to raise the presumption that the accused person is guilty of criminal misconduct in the discharge of his official duties, and this presumption continues to hold the field unless the contrary is proved, that is to say, unless the court is satisfied that the statutory presumption has been rebutted by cogent evidence.

Put in other words, the question was whether in view of the fact that the sum of Rs. " The trial Judge framed eight issues. was due and receivable, the sum of Rs. It was not a compromise which the Deputy Commissioner, Barabanki, made with himself though he repre- sented both the parties. We ruled out a request that evidence should be taken for determination of the question. Not only that, the section goes further and lays down in forceful words that " his conviction therefore shall not be invalid by reason only that it is based solely on such presumption.

One issue raised the question whether the suit was had because the deity was not joined and the remaining two were consequential. (3)It may be declared that the Defendants for themselves or as the representatives of the entire Hindu Community have no right and authority whatever over 'Sri Vyankatesh Balaji Devta' and Shri Vyankatesh Balaji Sansthan' and that they or the entire Hindu Community has no right and authority whatever in any capacity whatever to interfere in the matter of Devta' (deity) and ' Sansthan ' or to ask for the Yadi ' (list) of the properties or accounts in respect of the income thereof and to ask for reliefs mentioned in prayer clauses of the Miscellaneous Application No.

There was nothing in the Act which indicated that the Court of Wards did not have the power of making a contract between two wards. The assessee claims a vested right under Section 24(2)(iii), as it stood before its amendment in 1957, to have the unabsorbed loss of 1950-51 carried forward from year to year until the loss is completely absorbed.