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G. S. BANSAL versus THE DELHI ADMINISTRATION

Citation: [1964] 2 S.C.R. 470 · Decided: 21-03-1963 · Supreme Court of India · Bench: K. SUBBA RAO, RAGHUBAR DAYAL, J.R. MUDHOLKAR · Disposal: Dismissed

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Judgment (excerpt)

1963 
Ho iMZO' Cai Form 
v. 
Slot1 of Biliar 
Gajtndro1adkor J, 
1963 
March 21 
.. ' 
470 SUPREME COURTREPORTS[l964] vot, 
Court has consistently refrained from laying down 
u~duly broad or catego~ical propositions in dealing 
with the somewhat difficult disputes which the 
definition contained in s. 2 (j) raises before industrial 
a.djud.ica.tion. In the present case, the dispute raised 
hes w11l11n a narrow compass and it is on that narrow 
basis that we have decided it. 
In the result, the appeals fail and are dismissed 
with costs. 
Appeals dismis1ed. 
G. S. BANSAL 
v. 
THE DELHI ADMINISTRATION 
(K. SunBA RAO, RAOHUBAR DAYAL and J. R. 
MUDHOLK.AR jj). 
Criminal Trial-Forgery of <a/uahle security-Afoney due 
to accused--Obtaininy by commitling forgery-Intention, if dit-
lwneat and frauduunt-Indian P•nal Code, 1860 (Act XLV 
of ]860), 88, 2.J, 25, 463, .J64, 167. 
J, the father of the appellant, had purchased Post Office 
Nation•! Savings Certificates of Rs. 250'- in the name of the 
Controller of Rationing and had deposited them with him as 
security for his ration depot. Subsequently, J applied for 
release of the security as he had transferred the ration depot. 
But before the security could be released J died. The appellant 
put the signatures of J on the relevant documents, attested 
then1 hitnsclf, gor the securities transferred in the name of J 
and obtained the money from the Post Office. 
He was tri•d 
and convic:ted under s. 4!>7 Indian Prnal Code for forging a 
valuable security. The appellant contended that he was not 
guilty of forgery a• he had received money which was due to 
him as the sole heir of his father and that he had gained no 
advantage to himself nor caused any iRjury to another. 
'·· 
2 s.c.R.. 
SUPREME COURT REPORTS 47i 
Held, that the appellant was rightly convicted under 
s. 467 Indian Penal Code. 
By adopting the device he saved 
himself the expense of obtaining a succession certificate and 
gained an economic advantage. 
Further, he relieved himself 
of the trouble of satisfying the Rationing Authority and the 
Post Ma1ter General that he was the sole heir of his father 
and gained an un·economic advantage. 
He had thus made 
the false document both dishonestly and fraudulently. 
Dr. Vimla v. The Delhi Administration, [1963] Supp. 
2 S. C. R. 585 distinguished. 
CRIMINAL APPELLATE JURISDICTION: Criminal 
A peal No. 219of 1960. 
Appeal by special leave from the judgment 
and order dated January 7, 1960, of the Punjab 
High Court (Circuit Bench) at Delhi, in Criminal 
Appeal No. 45-D ofl959. 
A. 8. R. Chari, J.B. Dadachanji, 0. C. Mathur 
and Ravinder Narain, for the appellant. 
Frank Anthony and R. N, Bachthey, for the 
respondent. 
1963. March 21. The Judgment of the Court 
was delivered by 
SuBBA R.~o J.-This appeal by special leave is 
against the judgment and order of the High Court of 
Punjab, Circuit Bench, Delhi, confirming those of the 
Additional Sessions Judge, Delhi, convicting the 
appellant under s. 467 of the Indian Penal Code and 
sentencing him to imprisonment till the rising of the 
Court and to a fine of Rs. 250/-. 
The appellant is an Under Secretary, now 
under suspension, in the Ministry of Home Affairs, 
Government of India, New Delhi, and is the son of 
Janki Pershad. Janki Pershad held a ration depot in 
Delhi. In the year 1948 Janki Pershad purchased 
196J 
G. S, Bansi:l 
v. 
Delhi Adminz'stratio,. 
Subba Rao J. 
G, S. B1J1Sd 
•• 
D1/4i A/,,.ilfistr4ti~n 
Sul!o lfn J. 
'
472 
SUPREME COURT REPORTS [1964] VOL. 
three Post Office National Savings Certificates of the 
face value of Rs. 250/·in the name of the Controller of 
Rationing, Deihi, and depo~ited the same with him 
as security. On February 21, 1952, .Janki Pershad 
transferred the ration depot in favour of his grandson, 
S. K. Bansal, the son of the appellant. Thereafter, 
on April lli, 1952, Janki Pershad applied to the 
rationing authority for the release of the said security 
on the ground that he had transferred the concerned 
ration depot in favour of his grandson who had given 
a fresh cash security of his own. Before the said 
security given by him was released, Janki Pershad 
died on June l, 1952. On July 1, HJi'i2, the ration-
ing authority wrote a letter to J anki Pershad, not 
knowing that he had died, informing him that the 
security deposited by him had been released and that 
he should get the pledged certificates transferred in 
his favour by filling in the prescribed form sent with 
that

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