Difference between revisions of "What Does Lawyer In Chandigarh Mean"
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− | + | 2 and 3 as President and Vice-President Advocates [[http://acquitlaw.com/quashing-and-direction-matters/ source]] for the remaining period of the quadrennium was dismissed by the High Court. In support of this contention, Mr. In our opinion, therefore, the learned Judge below was in error in characterizing the order of acquittal as a perverse one. So far no exception can be taken; but the mischief arises when the power con- (1) [1954] INSC 1; [1954] S. But it has not been Advocates ([http://simranlaw.in more…]) pointed out by what process that conclusion was reached.<br><br>The same point of order raised by S as in the case of the President was overruled, on which 6 councillors walked out and the meeting was held by the remaining councillors. It was urged that section afforded protection to a transaction entered into by the Court of Wards only if it was of such a character that it was possible on the facts to take the view that it was for the benefit of the property or the advantage of Advocates ([http://acquitlaw.com/ more…]) the ward, but where such a possibility is ruled out as when the transaction was manifestly not for the benefit of the estate, as for example, a gift of the properties of the minor, then the section would have no application.<br><br>The relevant provisions which fall to be considered by us are the following:- " Section 30. (as he then was) in Messrs Dwarka Prasad Laxmi Narain v. An application under Art. Gupta argued that at the time of the transaction the ward had only about a year and four months to become a major, that by extending the period of the license from 6 to 36 years the agreement in question opera- ted to tie his hands and to prevent him from dealing with his estate for a period of 32 years after he became a major, that the coal mines of Karanpura were known to be very valuable and the transaction had the effect of binding the proprietor to grant leases down to 1951 and on the rates of salami and royalty fixed in 1907 in the Bokaro license and adopted in the deed of 1915 and that such a transaction was not within section 18.<br><br> the appellant cannot be criminally liable for being reckless or unwise in carrying on his business. 226 of the Constitution presented by S questioning the validity of the meeting of the 3rd August, 1954, and consequently the validity of the election of respondents Nos. Nor has the learned counsel for the respondent brought any statutory or other rule to our notice casting an obligation on the appellant to appropriate the entry fees in a particular manner.<br><br> (6): It is further contended that the impugned Act and the notifications infringe the fundamental right guaranteed under article 19(1) (f) and (g) and article 31 of the Constitution. Coming next to the deed dated 23-11-1917, it was attacked on three grounds. We may refer in this context to the following passage from the judgment of this Court delivered by Mukherjea, J. It is true that 749 the later competitions were a losing concern, but as rightly pointed out by the learned trial magistrate.<br><br> The agreement dated 23-11-1917 was, it was contended, in substance a gift to Messrs Bird and Co. All the 32 councillors were present both on the 30th July 1954 and the 3rd August 1954. (1): A person shall not be deemed to be an elector for any purpose of this Regulation or of any rule unless he is enrolled as an elector. Immediately after that another meeting presided over by the newly elected President elected respondent No. As already pointed out, the learned trial magistrate had come to the finding that there is no evidence that any amount out of this collection had been appropriated by the appellant to his own personal use.<br><br> It was firstly contended that it was, on the very face of it, beyond the competence of the Court of Wards, and was therefore void. There being no duty to make appropriation in a particular way, the appellant could not be held guilty of having misappropriated the ninety six thousand odd rupees which was the total net collection in competition No. That being so, it must be held that misappropriation has not been made out either on evidence or as a matter of law.<br><br> The learned Judge's decision is based on an erroneous assumption that the appellant was bound by law to disburse the amounts collected in a particular competition amongst the prize winners of that competition. The power of granting or withholding licenses or of fixing the prices of the goods would necessarily have to be vested in certain public officers or bodies and they would certainly have to be left with some amount of discretion in these matters.<br><br> Whatever amount he had been collecting, he had been applying to running his business. The State of Uttar Pradesh and two others (1):- "Nobody can dispute that for ensuring equitable distribution of commodities considered essential to the community and their availability at fair prices, it is quite a reasonable thing to regulate sale of these commodities through licensed vendors to whom quotas are allotted in specified quantities and who are not permitted to sell them beyond the prices that are fixed by the controlling authorities.<br><br>Act LXV of 1951 was amended by Act XXVI of 1953 which, by adding Chapter III(b), invested the Central Government inter alia with power Advocates ([http://lexlords.in/rights-of-way/ more…]) so far as it appeared to it necessary or expedient for securing the equitable distribution and availability at fair prices of any- article or class of articles relatable to any scheduled industry to provide by notified order for regulation of supply and distribution thereof and trade and commerce therein.<br><br>, of a license for a period of 30 years, and that therefore section 18 could not be invoked in support of Advocates ([https://lexlords.com/power-of-attorney/ more…]) it. |
Revision as of 00:58, 24 October 2018
2 and 3 as President and Vice-President Advocates [source] for the remaining period of the quadrennium was dismissed by the High Court. In support of this contention, Mr. In our opinion, therefore, the learned Judge below was in error in characterizing the order of acquittal as a perverse one. So far no exception can be taken; but the mischief arises when the power con- (1) [1954] INSC 1; [1954] S. But it has not been Advocates (more…) pointed out by what process that conclusion was reached.
The same point of order raised by S as in the case of the President was overruled, on which 6 councillors walked out and the meeting was held by the remaining councillors. It was urged that section afforded protection to a transaction entered into by the Court of Wards only if it was of such a character that it was possible on the facts to take the view that it was for the benefit of the property or the advantage of Advocates (more…) the ward, but where such a possibility is ruled out as when the transaction was manifestly not for the benefit of the estate, as for example, a gift of the properties of the minor, then the section would have no application.
The relevant provisions which fall to be considered by us are the following:- " Section 30. (as he then was) in Messrs Dwarka Prasad Laxmi Narain v. An application under Art. Gupta argued that at the time of the transaction the ward had only about a year and four months to become a major, that by extending the period of the license from 6 to 36 years the agreement in question opera- ted to tie his hands and to prevent him from dealing with his estate for a period of 32 years after he became a major, that the coal mines of Karanpura were known to be very valuable and the transaction had the effect of binding the proprietor to grant leases down to 1951 and on the rates of salami and royalty fixed in 1907 in the Bokaro license and adopted in the deed of 1915 and that such a transaction was not within section 18.
the appellant cannot be criminally liable for being reckless or unwise in carrying on his business. 226 of the Constitution presented by S questioning the validity of the meeting of the 3rd August, 1954, and consequently the validity of the election of respondents Nos. Nor has the learned counsel for the respondent brought any statutory or other rule to our notice casting an obligation on the appellant to appropriate the entry fees in a particular manner.
(6): It is further contended that the impugned Act and the notifications infringe the fundamental right guaranteed under article 19(1) (f) and (g) and article 31 of the Constitution. Coming next to the deed dated 23-11-1917, it was attacked on three grounds. We may refer in this context to the following passage from the judgment of this Court delivered by Mukherjea, J. It is true that 749 the later competitions were a losing concern, but as rightly pointed out by the learned trial magistrate.
The agreement dated 23-11-1917 was, it was contended, in substance a gift to Messrs Bird and Co. All the 32 councillors were present both on the 30th July 1954 and the 3rd August 1954. (1): A person shall not be deemed to be an elector for any purpose of this Regulation or of any rule unless he is enrolled as an elector. Immediately after that another meeting presided over by the newly elected President elected respondent No. As already pointed out, the learned trial magistrate had come to the finding that there is no evidence that any amount out of this collection had been appropriated by the appellant to his own personal use.
It was firstly contended that it was, on the very face of it, beyond the competence of the Court of Wards, and was therefore void. There being no duty to make appropriation in a particular way, the appellant could not be held guilty of having misappropriated the ninety six thousand odd rupees which was the total net collection in competition No. That being so, it must be held that misappropriation has not been made out either on evidence or as a matter of law.
The learned Judge's decision is based on an erroneous assumption that the appellant was bound by law to disburse the amounts collected in a particular competition amongst the prize winners of that competition. The power of granting or withholding licenses or of fixing the prices of the goods would necessarily have to be vested in certain public officers or bodies and they would certainly have to be left with some amount of discretion in these matters.
Whatever amount he had been collecting, he had been applying to running his business. The State of Uttar Pradesh and two others (1):- "Nobody can dispute that for ensuring equitable distribution of commodities considered essential to the community and their availability at fair prices, it is quite a reasonable thing to regulate sale of these commodities through licensed vendors to whom quotas are allotted in specified quantities and who are not permitted to sell them beyond the prices that are fixed by the controlling authorities.
Act LXV of 1951 was amended by Act XXVI of 1953 which, by adding Chapter III(b), invested the Central Government inter alia with power Advocates (more…) so far as it appeared to it necessary or expedient for securing the equitable distribution and availability at fair prices of any- article or class of articles relatable to any scheduled industry to provide by notified order for regulation of supply and distribution thereof and trade and commerce therein.
, of a license for a period of 30 years, and that therefore section 18 could not be invoked in support of Advocates (more…) it.