Advocate Simranjeet Singh Sidhu - Little Known Facts About Advocate In Chandigarh. SimranLaw
It may also be pointed out that the appellant maintained no separate accounts for these properties, and made no distinction between them and the other properties to which we have referred earlier. See Lewin on Trusts, 16th Edn. A trustee must not mix private property with trust property, because if he does so, he undertakes a heavy burden of proving that any particular property is his, as distinct from the trust. Rai Bahadur Jairam Valji (2) had been held to be.
It was necessary for the appellant to show that this Theatre-was built from monies derived from a private source and not from the income of the Devasthan. The next property which was specially mentioned for our consideration is the " Shree Theatre " Advocates , in which the appellant claims to hold a third share. Sub-sections I (a) and 1 (b) of s. The tribunal found that retirement age was fixed between 55 years and 60 in various concerns in Bombay. 321 and Buckingham even so he absented himself from duty and went to Bombay.
If that be so, then the evidence to connect the Theatre with Balaji Vihar ought to have been tendered and a plea to that effect taken. (1) and in The Commissioner of Income-tax, Nagpur v. As soon as he resumed his duties on 812 April 14, 1951, he was supplied with a written chargesheet for absence without leave which he refused to accept. To the same effect are the observations in Srinivasa Chariar v. Section 3 lays down that offences under ss.
Evalappa Mudaliar (1). It, however, appears from the record of the case that with that money Balaji Vihar was purchased, and the case made before us was that Advocates (are speaking) it was the sale proceeds of Balaji Vihar which were used to Advocates, are speaking, build the Theatre. 7,50,000 has undoubtedly not been paid as compensation for the termination or cancellation of an ordinary business contract which is a part of the stock-in- trade of the assessee and cannot, therefore, be regarded as income, as the amounts received by the assessee in The Commissioner of Income-tax and Excess Profits Tax v.
This suspension was followed by an immediate pen-down strike at the head office of the Delhi Branch subsequent to which the Bank suspended 60 other employees. We cannot accept the argument in lieu of plea and evidence, and we think that the appellant has neglected to bring the necessary evidence to reach a finding, This matter also suffers from the same defects, -namely, the failure to join the deity as a party and also not waking a distinction between one, 805 kind of property and another.
The South India Pictures Ltd. It seems clear to me that the Article itself recognises the distinction between absence of legislative power which will make the law made by an incompetent legislature wholly void, and exercise of legislative power in contravention of a restriction or check on such power, which will make the law void to the extent of the inconsistency or contravention. We shall first take the question of retirement age. 161, 165 and 165-A of the Indian Penal Code which under the provisions of the Criminal Procedure Code were not cognizable are made cognizable.
290, which is a deed of purchase and Ex. It was also of opinion that 55 years was too low an age to be fixed for retirement for the clerical staff Advocates and that the trend in all the awards had in recent times been to fix it at 60 years. 691, the permission by the Municipality to build upon the land. 5, which is designated as criminal misconduct in discharge of official duty by Advocates (do you agree Advocates ) a Advocates (are speaking) public servant, deal with persons who habitually accept or obtain or agree to obtain gratification other than legal remuneration as a motive or reward as mentioned in s.
Industrial Tribunal, Bombay, [1949] F. He has not furnished satisfactory evidence, and in describing the source of money he referred to the sale of one property, the price whereof according to him was utilised for the Theatre. 20 (1): If any person establishes, maintains or works a telegraph within India in contravention of the provisions of section 4 or otherwise than as permitted by rules made under that section, he shall be punished, if the telegraph is a wireless telegraph with imprisoment which may extend to three years, or with fine, or with both, and in any other case, with a fine which may extend to one thousand rupees.
(1) cannot be invoked. We are concerned in these appeals with s. Here also, the extracts from the property register have been filed, and the appellant has drawn our attention to Ex. Here too, the High Court should not have expressed any opinion adverse to the deity, without the deity being a party. Western India Automobile Association v. The same has to be said of items 3 to 10 in the first part of Sch.
Nor can this amount be said to have been paid as compensation for the cancellation or cessation of the managing agency of the assessee firm, for the managing agency continued and, therefore, the decision of the Judicial Committee of the Privy Council in The Commissioner of Income-tax v. 4 also deals 429 with this presumption. A annexed to the plaint and three survey numbers of Belatgavan, Deolali and other jat inams. It was then sent to him by registered post, and on April 17 he was suspended.
No useful purpose will be served in examining in detail the evidence relating to these properties in the absence of the deity. Section 5 enacts that where a public servant accepts, agrees to or obtains gratification other than legal remuneration, then it shall be presumed unless the contrary is proved, that he accepted, obtained or agreed to accept or attempted to obtain that gratification or valuable thing as a 'motive or reward such as is mentioned in ,section 161, etc.
