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NRI legal services - https://lexlords.com/title-search/ - https://lexlords.com/annulment-of-marriage/ - https://lexlords.com/annulment-of-marriage/ . NRI Legal Services - http://lexlords.org 1 on 31-03-1998 on the ground that the alleged loss did not come within the purview of the insurance policy. Therefore, it should be borne in mind that the aid of the section should be NRI Legal Services - https://lexlords.com/estate-management/ invoked only with the object of discovering relevant facts NRI Legal Services - https://lexlords.com/property-documentation/ or obtaining proper proof of such facts for a just decision of the case and it must be used judicially and not capriciously or arbitrarily because any improper or capricious exercise of the power may lead to undesirable results. 3 and 5, for the offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1947 (for short, 'P. [Emphasis supplied] It is important to note here in the said case, it was also observed that:- Though Section 540 (Section 311 of the new Code) is, in the widest possible terms and calls for no limitation, either with regard to the stage at which the powers of the court should be exercised, or with regard to the manner in which they should be exercised, that power is circumscribed by the principle that underlines Section 540, namely, evidence to be obtained should appear to the court essential to a just decision of the case by getting at the truth by all lawful means. Indeed it may be assumed that such a practice is not likely to grow up amongst Hindus where cremation and not burrial of the dead is the normal practice, except probably as regards sannyasis and in certain dissident communities. , reported in [1966] INSC 36; [1966] 3 SCR 500 held that there is no difference between a contract of insurance and any other contract except that in a contract of insurance there is a requirement of uberima fides, i. The Judgment of the Court was delivered by GHULAM HASAN J. If there are express provisions to that effect either in the deed of gift or a will, no difficulty is likely to arise and the interest which the son would take in such property would depend upon the terms of the grant. , against the company in case of ambiguity or doubt. The complaint of the complainant contained the following allegations: They relate to the assessment for 1942-1943 and are filed by the Commissioner of Income- tax, while Appeal No. 132 of 1952 which relates to 1943- 1944 is filed by the assessee, and, is dealt with separately. 2 (hereinafter referred to as the 'complainant') filed a complaint on the basis of which a case has been registered against the appellants, who are accused Nos. The court personifies for this purpose the reasonable man. answered it in the affirmative, while Viswanatha Sastri J. Further it is incumbent that due care should be taken by the court while exercising the power under this section and it should not be used for filling up the lacuna left by the prosecution or by the defence or to the disadvantage of the accused or to cause serious prejudice to the defence of the accused or to give an unfair advantage to the rival side and further the additional evidence should not be received as a disguise for a retrial or to change the nature of the case against either of the parties. The valuation reports given by GEC, Calcutta, the machines supplier and Alpha Transformer Ltd. -These three appeals arise from the judgment and order of the Madras High Court dated 2nd February, 1950, delivered on a reference by the Income-tax Appellate Tribunal (hereinafter referred to as 'The Tribunal'), whereby the High Court answered the first referred question in, the negative, and as regards the second question, Satyanarayana Rao J. The claim of the Appellant was repudiated by Respondent No. , good faith on the part of the insured and the contract is likely to be construed contra proferentes, i. It was further held in the said judgment that the duty of the Court is to interpret the words in which the contract is expressed by the parties and it is not for the Court to make a new contract, however reasonable. , Bhubaneswar were relied upon by the Appellant/Claimant. As the law is accepted and well settled that a Mitak- shara father has complete powers of disposition over his selfacquired property, it must follow as a necessary consequence that the father is quite competent to provide expressly, when he makes a gift, either that the donee would take it exclusively for himself or that the gift would be for the benefit of his branch of the family. Chandmull Jain and Anr. answered it in the negative, as a result of which the judgment of Satyanarayana Rao J. " Lord Wright clarified the position still further in the later case of Denny, Mott and Dickson Ltd. This court in General Assurance Society Ltd. If, however, there are no clear words describing the kind of -interest which the donee is to take, the question would be one of construction and the court would have to collect the intention of the donor from the language of the document taken (1) Vide Bhagwant v. "In ascertaining the meaning of the contract and its application to the actual occurrences, the court has to decide, not what the parties actually intended but what as reasonable men they should have intended. State of Maharashtra[19] and proceeded to opine that:- The principle of law that emerges from the views expressed by this Court in the above decisions is that the criminal court has ample power to summon any person as a witness or recall and re-examine any such person even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and circumstances of each case. Act') and Sections 120(b), 427, 447 and 506 read with Section 34 of the Indian Penal Code, 1860.