Difference between revisions of "Detailed Notes On Lawyer In Chandigarh"

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2011, the order of ad-interim injunction was maintained but the trial court was directed to decide the application for injunction on its own merits within a period of one month. , VENKATARAMA AYYAR, B. But the question here is whe- ther the right to hold the lands under a fixed assessment survived after the acquisition by the Government under the land acquisition proceedings, and that depends on the effect of section VIII of Act VI of 1857.<br><br>The claim for Advocates ([http://nrilegalservices.me/services/making-a-will/ see this website]) the rent already due by the respondent to the appellants up to August 1, 1942, has been settled by the judgments of the courts below and we are not called upon to canvass these findings of fact any further. State of Punjab (2015)3 SCC 220 sounds an awakening caveat: A strain of piognance and disquiet over the insensitive approach of the court concerned in the textual facts in the context of fair trial in the following observations of this Court in Vinod Kumar vs. SINHA and JAFER IMAM JJ.<br><br>Chatterjee for the petitioners is that section 3 (3) requires that when an order of detention is made by one of the authorities mentioned in section 3(2)-in this case it was so made- that authority should forthwith report the fact to the State Government together with the grounds on which the order was made; that Advocates ([http://lexlords.in/rights-of-way/ see this website]) this provision is clearly intended to safeguard the rights of the detenu, as it is on a consideration of these grounds that the Government has to decide whether it will approve of the order or not;, that when therefore the grounds had not been made available to the State Government before they had approved of the order, as happened in the present case,  Advocates, [http://nri-world.com see this website], there was a clear violation of the procedure prescribed by the statute, and that the detention became illegal.<br><br>" The appellant took an appeal to the High Court of the Punjab and Dulat J. 1 proposing to cancel the transfer order on the ground that contrary to the statement in the application for transfer that the partners of the partnership firm will be Directors of the private limited company, the Directors of the private limited company who were partners of the firm were replaced by new Directors on 6th August, 2012 and the private limited company was listed as subsidiary of Ultra Tech Cement Limited Company (UTCL) with the Bombay Stock Exchange.<br><br> dissenting) (1) Section 57 of the Bombay Police Act, 1951 is not uncon- stitutional, because, it is an instance of the State taking preventive measures in the interests of the public and for safeguarding individual rights, by preventing a person, who has been proved to be a criminal from acting in a way which may be a repetition of his criminal propensities, and the restrictions that it imposes on the individual's right to reside in and move freely in any part of India are reasonable within the meaning of clause (5) of Art.<br><br> To appreciate the 566 reasoning 'behind this decision, it is necessary to refer to section 25-C of the Industrial Disputes Act, which runs as follows: If, as observed in the above passage, the liability to pay assessment was "an integral part or an inseverable incident of the title", then surely it was also extinguished along with the title of the occupants under section VIII of Act No. held that taking into consideration the sanction which will be quoted hereinafter: The Nagar Panchayat in its turn approached the High Court with a writ petition in which by order dated 9.<br><br> On this development, a show cause notice dated 21st April, 2014 was issued to Respondent No. On these sections, the argument of Mr. This development showed that the transfer was secured by a conspiracy and in circumvention of the rules. But the point for decision there was whether the Municipal Corporation of Bombay could acquire by prescription a right to hold the lands rent-free, they having entered into possession under a resolution of the Government that no rent would be charged.<br><br> In a situation where there are more than one secured creditor of a sick industrial company or it has been jointly financed by secured creditors, and at least 60 per cent of such secured creditors in value of the amount outstanding as on a record date do not agree upon exercise of the right to realise their security under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 will continue to have full play.<br><br> 19 of the Constitution. And the passage quoted above merely laid down that when title to the land was acquired by the Municipal Corporation by prescription, one of the rights acquired as part of the prescriptive title 'was the right to hold the lands revenue-free. , notwithstanding this finding, the Tribunal went on to hold that the application under section 23 of the Act was maintainable. "The charge under section 5 (1)(a) Advocates ([http://nrilegalservices.me/how-to-settle-nri-rent-disputes-with-the-tenants/ see this website]) of the Prevention  Advocates ([http://nrizone.in websites]) of Corruption Act, 1947, has been established against him beyond reasonable doubt.<br><br>He is guilty of an offence punishable under sub-section (2) of section 5 of the said Act. The more important questions that require to be dealt with are: (1) What is the amount which the appellants are entitled to recover from the respondent as and by way of the value of the two trucks in the alternative-the respondent being admittedly not in a position to re-deliver the said trucks to them and (2) what are the damages which the appellants are entitled to recover by reason of wrongful detention of the trucks till the date of judgment.
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8(1) will operate in the case of every detenue to whichever of the four categories he may belong. (1) to certain class of detenues only.  Advocates ([http://lexlords.in/basement-and-penthouse-extensions/ look at here now]) As soon as an order of detention is made under s. The proviso enables the Government to prevent the application of sub-s. 8(1) placed under the obligation to communicate the grounds of the detention 'as soon as may be. It was reiterated in Babubhai (supra) that in exceptional circumstances, the court in order to prevent the miscarriage of criminal justice, may direct investigation de novo, if it is satisfied that non-interference would  Advocates ([http://nrilegalservices.me/do-nri-have-any-right-to-ancestral-property-in-india/ look at here now]) ultimately result in failure of justice.<br><br>State  Advocates ([http://lexlords.in/adverse-possession/ look at here now]) of Kerala[2], relevant paras of which read thus: The recourse available with the investigating agency in the said situation is to conduct further investigation normally with the leave of the court as provided under sub-Section (8) to Section 173 of Cr. In its counter affidavit/reply the respondents have specifically stated that they are taking active steps to implement the order(s) and direction(s) issued by this Court.<br><br>The first information report is a report which gives first information with regard to any offence. It follows that the detenues who do not fall within that clause must have the grounds communicated to them and there is no power given to the Government to exclude the operation of sub-s. JAC Saldanha and others [1979] INSC 234; (1980) 1 SCC 554, that on a cognizance of the offence being taken by the court, the police function of investigation comes to an end subject to the provision contained in Section 173(8) of the Code and that the adjudicatory function of the judiciary commences, thus delineating the well demarcated functions of crime detection and adjudication, this Court did recognize a residuary jurisdiction to give directions to the investigating agency, if satisfied that the requirements of law were not being complied with and that the investigation was not being conducted properly or with due haste and promptitude.<br><br>50 of 1951 arising out of the Order dated the 19th day of June 1951 of the said Court exercising Original Jurisdiction in Misc. The reliance is placed on the decision of this court rendered in T. That not only fair trial but fair investigation is also a part of the constitutional rights guaranteed under Articles 20 firstly the investigation must be unbiased, honest, just and in accordance with law and secondly, the entire emphasis has to be to bring out the truth  Advocates ([http://lexlords.in/restrictive-covenants/ you could try here]) of the case before the court of competent jurisdiction.<br><br>We have carefully perused the counter affidavit/ reply filed by the respondent(s). One of such conditions was that suit will remain non-transferable for a period of ten years. While recalling its observation in State of Bihar and another vs. 3 of the said Agreement thus attracting the operation of the 1948 Act to his private lands it remains to consider whether the respondent was a landlord and the appellants were his tenants within the meaning of the terms as defined in that Act.<br><br>It appears that on account of delay in installation of the Main Liquid Oxygen Tank and the 3 Phase electrical connection, the commissioning of the complete system of Liquid Medical Oxygen Gas together with other gases. CIVIL APPELLATE JURISDICTION: Civil Appeal No, 147 of 1953, 1355 Appeal by Special Leave from the Judgment and Order dated the 24th day of August 1951 of the High Court of Judicature at Bombay in Appeal No.<br><br>(emphasis supplied by this Court) It is well settled principle of law that there can be no second FIR in the event of any further information being received by the investigating agency in respect of offence or the same occurrence or incident giving rise to one or more offences for which chargesheet has already been filed by the investigating agency. If, then, the provisions of the 1950 Act could be validly applied to the merged State of Khandapara in spite of art.<br><br>Mersey Docks and Harbour Board v. There cannot be second FIR in respect of the same offence/event because whenever any further information is received by the investigating agency, it is always in furtherance of the first FIR. ' If no declaration is made under the proviso, s. Twigge (1) was a case of goods shipped from a foreign port under a through bill of lading to Liverpool, landed in London and sent from there to Liverpool in another ship and it was held that such goods were imported into Liverpool ports beyond the seas and not from London.<br><br>The transit began at Singapore and ended at Liverpool and was not broken by the transhipment in London. In such an eventuality endorsement of the investigation to an independent agency to make a fresh probe may be well merited. It is interesting to note that the High Court has noticed the  Advocates ([http://nrilegalservices.me/services/buy-and-sell/ look at here now]) fact mentioned in para 24 of trial court judgment that during the pendency of the lis DDA allotted the plot in question in favour of the deceased father of the defendant (original plaintiff) by executing a lease deed putting a condition that the plot in question will remain non-transferable for a period of ten years.<br><br>3(1)(a), the authority making the order is by s. Para 24 of the trial court judgment is quoted hereinbelow:- It is stated on oath by Umed Singh (DW1) that the DDA allotted plot in dispute to his deceased father on certain terms and conditions, which were embodied in the lease deed.

Revision as of 03:06, 23 October 2018

8(1) will operate in the case of every detenue to whichever of the four categories he may belong. (1) to certain class of detenues only. Advocates (look at here now) As soon as an order of detention is made under s. The proviso enables the Government to prevent the application of sub-s. 8(1) placed under the obligation to communicate the grounds of the detention 'as soon as may be. It was reiterated in Babubhai (supra) that in exceptional circumstances, the court in order to prevent the miscarriage of criminal justice, may direct investigation de novo, if it is satisfied that non-interference would Advocates (look at here now) ultimately result in failure of justice.

State Advocates (look at here now) of Kerala[2], relevant paras of which read thus: The recourse available with the investigating agency in the said situation is to conduct further investigation normally with the leave of the court as provided under sub-Section (8) to Section 173 of Cr. In its counter affidavit/reply the respondents have specifically stated that they are taking active steps to implement the order(s) and direction(s) issued by this Court.

The first information report is a report which gives first information with regard to any offence. It follows that the detenues who do not fall within that clause must have the grounds communicated to them and there is no power given to the Government to exclude the operation of sub-s. JAC Saldanha and others [1979] INSC 234; (1980) 1 SCC 554, that on a cognizance of the offence being taken by the court, the police function of investigation comes to an end subject to the provision contained in Section 173(8) of the Code and that the adjudicatory function of the judiciary commences, thus delineating the well demarcated functions of crime detection and adjudication, this Court did recognize a residuary jurisdiction to give directions to the investigating agency, if satisfied that the requirements of law were not being complied with and that the investigation was not being conducted properly or with due haste and promptitude.

50 of 1951 arising out of the Order dated the 19th day of June 1951 of the said Court exercising Original Jurisdiction in Misc. The reliance is placed on the decision of this court rendered in T. That not only fair trial but fair investigation is also a part of the constitutional rights guaranteed under Articles 20 firstly the investigation must be unbiased, honest, just and in accordance with law and secondly, the entire emphasis has to be to bring out the truth Advocates (you could try here) of the case before the court of competent jurisdiction.

We have carefully perused the counter affidavit/ reply filed by the respondent(s). One of such conditions was that suit will remain non-transferable for a period of ten years. While recalling its observation in State of Bihar and another vs. 3 of the said Agreement thus attracting the operation of the 1948 Act to his private lands it remains to consider whether the respondent was a landlord and the appellants were his tenants within the meaning of the terms as defined in that Act.

It appears that on account of delay in installation of the Main Liquid Oxygen Tank and the 3 Phase electrical connection, the commissioning of the complete system of Liquid Medical Oxygen Gas together with other gases. CIVIL APPELLATE JURISDICTION: Civil Appeal No, 147 of 1953, 1355 Appeal by Special Leave from the Judgment and Order dated the 24th day of August 1951 of the High Court of Judicature at Bombay in Appeal No.

(emphasis supplied by this Court) It is well settled principle of law that there can be no second FIR in the event of any further information being received by the investigating agency in respect of offence or the same occurrence or incident giving rise to one or more offences for which chargesheet has already been filed by the investigating agency. If, then, the provisions of the 1950 Act could be validly applied to the merged State of Khandapara in spite of art.

Mersey Docks and Harbour Board v. There cannot be second FIR in respect of the same offence/event because whenever any further information is received by the investigating agency, it is always in furtherance of the first FIR. ' If no declaration is made under the proviso, s. Twigge (1) was a case of goods shipped from a foreign port under a through bill of lading to Liverpool, landed in London and sent from there to Liverpool in another ship and it was held that such goods were imported into Liverpool ports beyond the seas and not from London.

The transit began at Singapore and ended at Liverpool and was not broken by the transhipment in London. In such an eventuality endorsement of the investigation to an independent agency to make a fresh probe may be well merited. It is interesting to note that the High Court has noticed the Advocates (look at here now) fact mentioned in para 24 of trial court judgment that during the pendency of the lis DDA allotted the plot in question in favour of the deceased father of the defendant (original plaintiff) by executing a lease deed putting a condition that the plot in question will remain non-transferable for a period of ten years.

3(1)(a), the authority making the order is by s. Para 24 of the trial court judgment is quoted hereinbelow:- It is stated on oath by Umed Singh (DW1) that the DDA allotted plot in dispute to his deceased father on certain terms and conditions, which were embodied in the lease deed.

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