Supreme Court · 1960 INSC 19 · Decided 9 February 1960
The State of Uttar Pradesh v. Hafiz Mohammad Ismail and Hafiz Jawed Ali
- Court
- Supreme Court of India
- Citation
- 1960 INSC 19 · [1960] 2 S.C.R. 911
- Case number
- CRIMINAL APPEAL No. 129/1957
- Decided
- 9 February 1960
- Bench
- SYED JAFFER IMAM, K.N. WANCHOO, J.C. SHAH (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 486, 28, 482
Headnote
R. SUPREME COURT REPORTS 911 fact as the utilisation of a portion of the reserve as working capital has to be proved by the employer by evidence given on affidavit or otherwise and after giving an opportunity to the workmen to contest the correctness of such evidence by cross-examination. We must actually used as working capital. There is, as we have already stated, no material on the record from which any conclusion can be reached as regards the utilisation of the whole or any portion of this sum lying in depreciation fund as working capital. The appellant's counsel finally asked that
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