Lawyer In Chandigarh - An Overview

439 of the Code, which clothes the High Court with the powers of a Court of Appeal under the Code, as also the power to enhance the sentence. Therefore, those persons who have been detained on account of their activities being prejudicial to the security of the State, but with regard to Advocates (this hyperlink) whom the Government cannot or does not think fit to declare that it would be against the public interest to communicate to them the grounds, will continue to be governed 'by sub-s.

There can be no gainsaying the fact that the order purports to deprive the petitioner of its right under section 64 to which 278 it would otherwise be entitled. (1) from his case unless the Government is prepared to declare and declares that it would be against the public interest to communicate to him the grounds on which the detention order has been made. And then there is the third category of documents made by laymen who have no knowledge of law or expertise in the field.

There is another category of drafting by lawmen or document Advocates (this hyperlink) writers who are professionally qualified and experienced in the Advocates (this hyperlink) field like drafting deeds, treaties, settlements in court, etc. The terms of the contract will have to be understood in the way the parties wanted and intended them to be. The legal quality or perfection of the document is comparatively Advocates (this hyperlink) low in the third category, high in second and higher in first.

Legislative drafting is made by experts and is subjected to scrutiny at different stages before it takes final shape of an Act, Rule or Regulation. made a similar observation in Cargill International S. Mackinnon Mackenzie and Company Ltd. Vishnu Ramchandra - [1960] INSC 173; 1961 (2) SCR 26 and Commissioner of Income Tax (Central)-I, New Delhi v. Rule 7-Electoral rolls: In accordance with the provisions of sub-section (2) of section 30 of the Ajmer Merwara Municipalities Regulation, 1925 (VI of 1925) the electoral roll of the particular Municipality shall be the same as the final printed roll for a Parliamentary Constituency representing the area covered by that Municipality.

50 as illegal gratification from Pal Singh and therefore an offence' under s. The contention comes to this that as the sanction was only for receiving Rs. Contextually, it may be noted that in the present case, the respondent had invoked the provisions of English law for the purpose of the initiation of the unsettled disputes. The power of the High Court to enhance a sentence, is contained in sub-s. (1) and such persons, like the persons belonging to the other three 61 categories, will be entitled to have the grounds com- municated to them 'as soon as may be.

Even if a person has been detained on account of his activities being prejudicial to the security of the State the Government cannot exclude the operation of sub-s. It has hence, while interpreting an agreement, to be kept in mind that the parties, intended to avoid impracticable and inconvenient processes and procedures in working out the agreement. " No Court shall take cognizance of an offence punishable under Section 161 or Section 165 of the Indian Penal Code or under sub-section (2) of section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction.

(1), it becomes clearly incumbent upon the Government to decide within the time envisaged by sub-s. Vatika Township Private Limited - 2015 (1) SCC 1. Bangladesh Sugar and Food Industries Corporation[7]: In that context, particularly in agreements of arbitration, where party autonomy is the grundnorm, how the parties worked out the agreement, is one of the indicators to decipher the intention, apart from the plain or grammatical meaning of the expressions and the use of the expressions at the proper places in the agreement.

' As such persons will be governed by sub-s. on Friday, September 18, 1953. (1), only in the case of a person who has been detained with a view to prevent him from indulging in activities prejudicial to the security of the State and only if the Government declares that it will be against the public interest to communicate the grounds to him. No doubt, in the process of interpretation in the first category, the courts do make an attempt to gather the purpose of the legislation, its context and text.

5 (1)(d) the prosecution, the charge and conviction should have been under that provision and had that been so there would have been no defect in the jurisdiction of the court trying the case nor any defect in the conviction but as the appellant was tried under the charge of being a habitual receiver of bribes and the sanction was only for one single act of receiving illegal gratification the trial was wholly void as it was a trial by a court without jurisdiction.

and (2) that the second ground of detention is wrong inasmuch as the Chief Secretary has admitted that there is no such hotel as Guest House hotel at Amira Kadal, where the detenue is alleged to have attended a meeting therein referred to. McCraken 23rd August, 1953. Parmar(1), Mackinnon Mackenzie and Company's Indian Staff Organisation v. Rana, Learned Senior Counsel in his submissions apart from referring to the decision in Sneha Cheriyan (supra) also relied upon The State of Maharashtra v.

In the matter of interpretation, the court has to make different approaches depending upon the instrument falling for interpretation. In the second category also, the text as well as the purpose is certainly important, and in the third category of documents like wills, it is simply intention alone of the executor that is relevant. It has further been urged that this order indirectly C affects the petitioner's fundamental right under article 19(1)(f) and article 31.

This notice stated inter alia: " On September 17, 1953, another notice was issued by the Company lifting the lock-out with effect from 6 a. In the case before us, being a contract executed between the two parties, the court cannot adopt an approach for interpreting a statute. The order of transfer is Advocates - browse around this site - certainly calculated to inflict considerable inconvenience and harassment to the petitioner as hereinbefore mentioned. " Section 5 (1)(a) relates to a case of a public servant if he habitually accepts illegal gratification and s.

5(1)(d) 765 if he obtains for himself any valuable thing or pecuniary advantage.