Moreshwar Parashram Then again, the Tribunal proceeds on the view that a candidate would be disqualified only if there was a contract subsisting at the date of the nomination. Held, (i) that under the provisions of Art. The Deputy Commissioner did not give his sanction but equally he did not exercise his discretion 8 the sale was expressly subject to the formal confirmation of the Deputy Commissioner who is given a discretion to accept or reject a bid. This is opposed to the view taken by this Court since, 558 in Chatturbhuj Vithaldas v.
(1)That no person -should teach any subject to any person in any language other than the English language, and (2)That languages other than English may be taught only after the pupil had passed the 8th grade. On the other hand pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made. It shows that the testator was solicitous about the welfare of the appellant, and was enquiring about his health and 1040 sending him on occasions medicines; that he was affectionately disposed towards his children and was sending them presents of cloth; that latterly he had so far modified his attitude towards the wife Chandigarh Advocates
of the appellant as to invite her and her children to Calcutta; that he himself stayed with them for some time at Jamshedpur and was giving advice to the appellant on matters connected with his employment.
It is only after this date that the question of right to sue on the indemnity (contained in Clause 7) arose. The position cannot be characterised as anomalous if the statute contemplates a reasonable opportunity at more than one stage. With reference to the Mandi contract the finding is that goods had been supplied and price received in September, 1951. 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.
As regards the Mahasu contract, the Government placed the order with the respondent on 19th November, 195 1, and the goods were supplied in December, 1951, and January, 1952. nit is also admitted that the contract was knocked down in his favour. But that was not final because under Rule II. 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.
311 of the Constitution a civil servant is entitled to have a reasonable opportunity Lawyer Chandigarh
to defend himself and show cause, both at the time of enquiry into the charges brought against him and at the stage when definite conclusions have been come to on the charges and the actual punishment to follow is provisionally determined upon. But these errors have not, in fact, affected the correctness of the conclusions.
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 Advocates Chandigarh
who committed the crime. It must be mentioned that the stand taken by the appellant himself before the Tribunal was that the crucial date for determining whether there was a subsisting contract was 12th October, 1951, the date of nomination, and if the evidence is not precise as to when the goods were supplied, it was a situation for which he himself was responsible.
All influences are not unlawful. Moreshwar Parashram(1) that the disqualifications would apply during the whole of the period commencing with the nomination and ending with the declaration of the election. Persuasion, appeals to the affections or ties of mankind, to a sentiment of gratitude for past services or pity for future destitution, or the like,-these are all legitimate and may be fairly pressed on a testator. "I am to submit that today a report dated 7-12-1950 from the Police Patel, Neemgaon village, has been received stating that (1) Tukaram, s/o Panda Sheolka, r/o Neemgaon village, came and stated that on 7-12-1950 Ramchander, s/o Govind Reddy was murdered, etc".Advocate in Chandigarh
this case, it is an admitted position that the sale took place on 28- 3-1984 and 14-3-1985. The suit having been filed on 15-9-1985 was well within limitation. Thus, it is stated by the Tribunal that a contract could not be held to be subsisting if goods had been delivered thereunder, even though the price there for remained due and payable. But it was observed in Chatturbhuj Vithaldas v. Therefore, it was erroneous to hold that the suit was barred by the law of limitation.
We have been taken through the entire correspondence that passed between the testator and the appellant and the members of his family.