ratio of the Apex court in the case of C.K. Daphtary v. O.P. Gupta , it is not necessary in the present case
nature was considered by the Supreme Court in the case C. K. Daphtary v. O. P. Gupta
Officer dated January 27, 1967, attaching the properties.
3. Shri C.K. Daphtary, appearing for the petitioner, has urged that the notice dated
existing recovery certificate. Our attention has been invited by Shri C. K. Daphtary, appearing for the petitioner, to the letter dated June 15, 1965, from
Byron and Marshall [(1894) 11 TLR 537] strongly relied upon by Mr Daphtary, the publication in the newspaper was not held to be a corrupt
scandalising the Judges or the Courts.'
(Emphasis supplied)
In C.K. Daphtary v. O.P. Gupta AIR 1971 SC 1132, the Apex Court held
made etc. We are, therefore, unable to accept the contention of Mr. Daphtary that the expressions "industrial undertaking" and "scheduled industry
therefore, unable to accede to the contention of Mr. Daphtary that though Section 114 , T. P. Act, confers a discretion on the Court, that discretion
Limited Vs. State of Maharashtra, AIR 1971 SC 221 and C.K. Daphtary Vs. O.P. Gupta , 1971 (1) SCC 626 the Court held that
held as under: (SCC p. 675, para 1)
"1. Mr Daphtary, learned counsel for the petitioners, has argued at length all the points which