Accordingly, they prayed for appropriate writs (a) quashing the demands for payment of land revenue and (b) directing the State of Bombay, the Collector of Ahmedabad and the Revenue Officer of Dhanduka (who are now respondents before us), to forbear from taking any steps to enforce payment of land revenue for the " Lal-liti " lands held by them. The report of post mortem as well as the Forensic Science Laboratory (Ex. PD/1) shows that there was a teeth bite mark on the right cheek of the deceased and also human semen was detected on the salwar of the deceased.

The Chief Controller could have given the following particulars: they knew that their applications were rejected by the Chief Controller, they got similar applications surreptitiously introduced in the Bombay Office with forged recommendations under the signature of the Deputy Chief Controller, New Delhi, Mr. (3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for an awarding compensation for the land under the provisions herein contained.

If an arbitration clause is couched in widest terms as in the present case, the dispute, whether there is frustration or repudiation of the contract, will be covered by it. , as he then was, observed : This Court held that the said section was void as being an unreasonable restriction on the rights in property as the restriction made the enjoyment of that right depend upon the mere discretion of the executive. " This decision is not directly in point; but the principles laid down therein are of wider application than the actual decision involved.

The petitioner whose estate was taken over by the Court of Wards questioned the validity of the power conferred on the Court of Wards. But where the dispute is whether the said contract is void ab initio, the arbitration clause cannot operate on those disputes, for its operative force depends upon the existence of the contract and its validity. 112 of the Ajmer Tenancy and Land Records Act (XLII of 1950) provided that " if a landlord habitually infringes the rights of a tenant under this Act, he shall, notwithstanding anything advocates in Supreme Cour of Indiat section 7 of the Ajmer Government Wards Regulation, 1888 (1 of 1888) be deemed to be a 'landlord who is disqualified to manage his own property' within the meaning of section 6 of the said Regulation and his property shall be liable to be taken under the superintendence of the Court of Wards.

It remains alive for the awarding of damages, either for previous breaches, or for the breach which constitutes the repudiation. the Company's enemies came to know that the applications of the Company were rejected, then forged fresh applications, got them surreptitiously introduced in the Bombay Office and got the licences issued in favour of the petitioners: this is a rather far-fetched theory; (iii) after the applications were rejected, fresh applications were filed in the New Delhi Office, got forwarded to the Joint Chief Controller, Bombay, with the directions issued by the Deputy Chief Controller, New Delhi; (iv) the original applications filed by the Com- pany were ordered, and not rejected, by the Chief Controller or his Deputy and they were sent in due course along with the recommendations duly signed by the Deputy Chief Controller to the Joint Controller, Bombay, and that the licences were issued in the usual course: the Office of the Chief Controller New Delhi, after realizing that licences were issued contrary to rules or orders that licences should not be issued in respect of goods to be imported from soft currency areas, set up a false case of the original applications being rejected and the fresh applications substituted in the Bombay Office.

A number of similar applications, presumably filed by other holders of "Lal-liti" lands, were also pending in the High Court, 51 398 So far as we can gather from the record before us, there were three sets of such applications. " The determination of the question whether a landlord bad habit- ually infringed the rights of his tenants was left to the Court of Wards. That is only a particular form of contract breaking and would generally, under an ordinary arbitration clause, involve a dispute under the contract like any other breach of contract.

Gupta, and obtained the licences by practising fraud on the Joint Chief Controller, Bombay; (ii) a third party, 429 presumably a rival businessman or members of the staff of the Company, evolved a complicated scheme of fraud to cause damage to the Company and their reputation. The aforesaid are some of the possibilities and there may be many others. When notice was issued to the petitioners on the ground of fraud, they were certainly entitled to the particulars thereof.

It is not because the arbitration clause survives, but because, though such repudiation ends the liability of the parties to perform the contract, it does not put an end to their liability to pay damages for any breach of the contract. The High court delivered its leading judgment on writ application No. The contract is still in existence for certain purposes.