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On March 7, 1955, the Bench consisting of Chakravarty C. In other words, what he can revise is not merely the ultimate amount which is liable tax, but he is entitled to revise the various decisions given by the Income-tax Officer in the course of the assessment and also the various incomes or deductions which came in for consideration of the Income-tax Officer. Having examined the grounds taken in the appeal as presented to the High Court, he made the following observations: The appeal was first placed for hearing before a Division Bench of three Judges on March 23,1956.
The Company has no control over the panholders as to how many labourers Advocates (sneak a peek here) they should engage and what wages they should pay them. On the liquidation of all the debts of the settlor (including the debt, if any, that may be incurred by the trustee for Advocates - sneak a peek here - payment of the settlor's debts) and after his death this trust shall come to- an end and the properties described in Schedule 'A' shall devolve as follows:- (a) The properties being Lot I, Lot II, Lot III, and Lot IV described in the said Schedule 'A' hereunder written including the surplus income thereof shall devolve on the said Rajes Kanta Roy absolutely or if he be then dead,.
702 the subject-matter of the appeal, not in the sense of revising those matters about which the, assessee makes a grievance, but a revising authority in the sense that once the Advocates (sneak a peek here) appeal is before him he can revise not only the ultimate computation arrived at by the Income-tax Officer but he can revise every process which led to the ultimate computation or assessment. 44/2, Lansdowne Road Advocates (sneak a peek here) 87 (b) The properties being Lot V described, in the said Schedule 'A' hereunder written including the surplus income thereof shall be enjoyed by the said Ramendra Kanta Roy during his lifetime or if he be then dead then the said properties shall devolve on his son or sons if any absolutely but if there be no son living at that time and if there be a grand-son (son's son) or grand-sons then on such grand-son or grand-sons absolutely.
" We are in agreement with these observations. As already stated, the Division Bench before which the appeal came up for admission, summarily dismissed it without giving any reasons. They indicated the difficulty of discharging such a burden unless some sort of presumption was called in aid of the petitioner who sought to have the election set aside. The company's supervision over the work of the panholders is limited to the proper quality as per requirements of the Company and as per standard determined by the Government in matter of salt.
That Bench directed that the papers be laid before the Hon'ble the Chief Justice for having the case heard by a larger Bench because in their view the case raised a difficult and important point about election law. It is a full judgment giving the facts and history of the case and the evidence adduced on behalf of the prosecution. passed the order to the effect that having heard the argument on behalf of the applicant for the certificate of fitness for the proposed appeal to this Court on March 4, they had the opportunity of reading through the charge delivered by the learned trial judge, and that they had " come to feel that before the application is disposed of, we should see the depositions in full.
It is for the Custodian to form his opinion on such material, as was before him, and on such information which he possessed. The Company's permission is nor sought in matter of sickness or in matter of going out to some village. Apparently, the Bench was not satisfied that there was any error of law or mis-direction Advocates - why not try this out - in the learned Sessions Judge's charge to the jury which had returned a unanimous verdict of 752 guilty against the appellant.
The jury appear to have applied their minds critically. The learned Chief Justice, in the course of his very elaborate judgment, observed that the " learned Judge delivered an exhaustive charge to the jury from which he does not appear to have omitted any part of the evidence which was of any materiality whatsoever. They made reference to the full Court decision in Hari Vishnu Kamath v. The matter was heard again on March 17, and on March 18, the learned Chief Justice delivered a judgment which appears at pages 220 to 231 of the record.
Syed Ahmad Ishaque(1), which upheld the earlier decision of this Court in Vasisht Narain Sharma v. The notice which he issued was in Form I of the Rules framed under the Act and it stated clearly that there was credible information in possession of the respondent that lqbal and Kamrunnissa were evacuees and that the property specified in the notice was evacuee property. Dev Chandra(2), as authorities for the proposition that the burden of proof is on the person who seeks to challenge the election and that he must prove that the result of the election has been materially affected by the improper rejection of the non lination paper.
then the said properties shall devolve on his heirs then living absolutely but subject to the provisions contained in clause (c) hereof regarding premises No. , The company's supervision is limited to this extent. 163 "The panholders are allotted work on the salt pans by oral agreement. " Accordingly, they directed the records of the original trial to be called for and placed before them. The learned counsel for the State of West Bengal raised a preliminary objection that the certificate granted by the Bench of the Calcutta High Court presided over by the learned Chief Justice, was bad on the face of the judgment given by him while granting the certificate.
The case, therefore, stood adjourned till the arrival of the records. The Company has no control over the panholders in regard to the hours of work or days of work. We have, therefore, first to examine whether the preliminary objection is sound.
