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Gay Gora madhur sware
Hare Krishna hare Krishna Krishna Krishna Hare Hare
Hare Rama Hare Rama Rama Rama Hare Hare………
Grihe thako, vane thako, sada ‘hari’ bole’ dako,
sukhe duhkhe bhulo na’ko, vadane hari-nam koro re
Maya-jale baddha ho ’ye, acho miche kaja lo’ye,
ekhona cetana pe’ye, ‘Radha-Madhav’ NAM bolo re
Composed by Bhaktivinoda Thakura
QUANTUM OF PUNISHMENT-The learned counsel for the accused No. 5 was at pains to persuade us that the said accused is now about 70/75 years of age and at this distance of time, it may not be appropriate to send him back to jail. Taking overall view of the matter, we are not impressed by this submission. Even in case of offence under Section 326, IPC, which commended to the High Court, the same was punishable with imprisonment for life or with imprisonment of either description which may extend to ten years and also liable to fine. Had it been a conviction under Section 326, as aforesaid, the sentence of only about five months in the facts of the present case, by no stretch of imagination, was adequate.
Whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit?
The appellant could file a suit for protection of his right, title or interest devolved on the basis of the stated sale deed dated 6th January, 1984, allegedly executed by one of the party (Sampatiya) to the proceedings in the partition suit, which could be examined independently by the Court on its own merits in accordance with law.
The common parlance test”, “marketability test”, “popular meaning test” are all tools for interpretation to arrive at a decision on proper classification of a tariff entry. These tests, however, would be required to be applied if a particular tariff entry is capable of being classified in more than one heads.
