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In other words, the essential condition for acquisition is for a public purpose and that the cost of acquisition should be borne, wholly or in part, out of public funds. The portions of the document relevant for the present purpose are as follows. Based on the recovery of the dead body, another first information report came to be lodged. In terms of the majority decision that was rendered, the view taken by the High Court was sustained and the complaint was dismissed as not filed in compliance of the statutory prescriptions contained in Section 195(1)(b) of the Code. I have there expressed my view that legislatures in this country have plenary authori- ty to delegate their power to make laws to subordinate agencies of their choice and such delegation, however inex- pedient or undesirable politically, is constitutionally competent. The NRI Legal Services - https://lexlords.com/probate-and-letters-of-administration/ position has been neatly and succinctly stated by Wanchoo, J. The differing opinions of the various learned judges who have handled this case show that the evidence is nicely NRI Legal Services - https://lexlords.com/corporate/ balanced. We, therefore, do not accept the said part of the recommendation of C. 684) In the case of an acquisition for a company simpliciter, the declaration cannot be made without satisfying the requirements of Part VII. This point has been stressed by this Court in Srinivasa Coop. 2010 under Section 132 of the Act, issued, signed and sealed by the Director of Income Tax (Inv. The issue of continuity of the special dispensation in favour of NMDC will be considered in due course. The agreement contemplated by Section 41 is meant to ensure the compliance with these essentialities. While NRI Legal Services - https://lexlords.com/the-real-estate-regulation-and-development-act-rera/ it is correct that the special dispensation granted to NMDC by this Court cannot continue in perpetuity and the regulatory measures prescribed by this Court for other leaseholders must also apply to NMDC, the working of its leases by NMDC under the special dispensation, by itself, cannot be a legitimate ground for not resorting to a dual price mechanism if the same is dictated by market forces. Madam Gurumurthy Sastry (1994) 4 SCC 675 at para 12: (SCC p. There is nothing in the report of the C. in its response has indicated that as NMDC is working under a special dispensation granted by this Court, until such dispensation continues it should not be allowed to resort to dual pricing. The mother identified her daughter from the photograph of the dead body. It is also relevant to indiacate, that the aforesaid identification was affirmed by none other than the mother of the deceased, Vedammal " PW2. As the documents appended to the appeal would divulge that the search operations at Aurangabad had been conducted on the strength of the warrant of authorisation dated 26. nThe agreement came about in this fashion. " "(3) It is extremely necessary to explain beforehand the transaction of give and take outstanding between both of us. 2007, the parents of the deceased " Jayalakshmi, identified the clothing and other artifacts, recovered with the dead body, as belonging to their daughter. In other words, the second proviso to Section 6(1) is the main dividing ground for the two types of acquisition. 2007, a dead body of a female, was found by a sweeper, Natarajan " PW4. While undoubtedly certain definite conclusions were reached by the majority of the Judges who took part in the decision in regard to the constitutionality of certain specified enact- ments, the reasoning in each case was different and it is difficult to say that any particular principle has been laid down by the majority which can be of assistance in the determination of other cases. The mortgages are there described as the "transactions of give and take. It follows that the Special Judge had jurisdiction to try the appellant and the persons accused along with him I accordingly reject this contention. (2) that the acquisition is needed for construction of some building or work for a company which is engaged or about to engage itself in any industry or work which is for a public purpose; and (3) that the proposed acquisition is for the construction of some work that is likely to be useful to the public. The defendant agreed to undertake this responsibility and as a consideration for that the mortgagee executed the agreement in question. Thus, it is seen that even in a case of acquisition for a company, public purpose is not eschewed. It is also meant to ensure NRI Legal Services - http://lexlords.uk that the entire cost of acquisition is borne by and paid to the Government by the company concerned. to indicate otherwise. The real point of distinction seems to be the source of funds to cover the cost of acquisition. House Building Society Ltd. The Court appointing him required him to produce a surety in the sum of Rs. the legislature thus had intended that there ought to be a safeguard in respect of complaints pertaining to the offence relatable to judicial proceedings as engrafted in Section 195(1)(b) of the Code. It follows, therefore, that the existence or non-existence of a public purpose is not a primary distinguishing factor between the acquisition under Part II and acquisition under Part VII. It was observed that an offence which was treated as more serious by the first paragraph of Section 193 IPC, being one committed during the course of a judicial proceeding, should be held to be an offence committed in a proceeding in any court for the propose of Section 195(1)(b) of NRI Legal Services - https://lexlords.com/permission-to-go-abroad/ the Code. n444 found in the several judgments delivered in that case. The question of burden accordingly assumes importance, as also another guide 363 which Judges of experience have applied through the years. But that does not necessarily mean that an acquisition for a company for a public purpose cannot be made otherwise than under the provisions of Part VII, if the cost or a portion of the cost of the acquisition is to come out of public funds. The mortga- gee, Narayan Sathe, was appointed Receiver of two Cinemas in Poona.