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149 there need not be a prior concert and meeting of minds, it is enough that each has the same object in view and their number is five or more and they act as an assembly to achieve that object. In such a situation the structure also would be the property of Government, though for the time being it may be at the disposal of the Trust for the purpose of managing it efficiently as a statutory body. 34 of the Indian Penal Code and common object set out under s.<br><br>The case is not on all fours with the Advocates ([http://lawyerchandigarh.com/how-punjab-and-haryana-exercises-its-inherent-powers-under-section-482-of-crpc/ prev]) facts of the present case. (as he then was) at p. Common intention required by s. Gokhale is right in his contention, it is clear to us that if the workmen commence or continue a strike for the only reason that the employer has made an illegal change, they come within the express terms of s. But the following observations of Das J. In an application for certiorari to quash an order of the Controller made under this enactment, it was argued for him that the words of the Regulation left the matter to his subjective satisfaction, that his decision therefore was not liable to the questioned on the ground that, in fact, there existed no reasonable ground therefor; and the decision in Liversidge v.<br><br>It is immaterial  Advocates ([http://slachd.com/what-factors-should-be-considered-before-you-decide-to-get-divorced/ check this link right here now]) whether the change is subsequently found by the Labour Court to be a legal change. That apart this Court  Advocates ([http://lexlords.in/property-law/ prev]) has, on several occasions, referred disputes for amicable settlement through the Mediation Centre functioning in the Supreme Court premises itself and Mediation Centres across the country in a large variety of disputes including (primarily) matrimonial disputes. 22(2) of the Income Tax Act were issued to the petitioner by the Income Tax Officer, District III, Calcutta to submit returns for the years 1950-51, 1951-52, 1952-53, 1953-54 and 1954- The assessments for the years 1948-49 and 1949-50  Advocates ([http://lexlords.in/ prev]) were made by the Income Tax Officer, District III, Calcutta.<br><br>Sir John Anderson(2) was relied on as establishing that position. Even assuming that Mr. In negativing this contention, Lord Radcliffe observed that the words "where the Controller had reasonable grounds to believe" might mean either "where it is made out to his subjective satisfaction" or "where there are reasonable grounds on which be could believe", and that whether the words were (1) [1951] A. The question of the ownership of the structure built upon Government land by the Trust may be looked at from another point of view.<br><br>149, though they sometimes overlap, are used in different senses and should be kept distinct. If any question arises as to the (1) [1950] INSC 38; [1950] S. In the impugned order herein, the learned single Judge has observed that no doubt the withdrawal from prosecution is an executive and non- judicial act but there is a wide discretion with the court, which ought to be exercised judicially on well established principles.<br><br>In spite of the encouragement given by this Court, for one reason or another, institutionalized mediation has yet to be recognized as an acceptable method of dispute resolution provoking Mr. By sub-section (1), where an assessee carries on a business, profession or vocation at any place, he shall be assessed by the Income-tax Officer of that area in which that place is situate or where the business, profession, or vocation is carried on at more than one place by the Income- tax Officer of the area in which the principal place of business, profession or vocation is situate.<br><br>The petitioners registered firm-has its head-office in Calcutta where its books of account are kept and maintained and where it has its banking account, the members of the firm being citizens of India. That is to say, the court has to be satisfied that the executive function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the course of justice for illegitimate purposes. It is within these parameters, the judicial discretion is to be exercised.<br><br>Since its inception the firm has all along been assessed to income-tax by the Income-Tax Officer, District III, Calcutta. Turning now to the Indian Income-tax Act, 1922 we find that section 64 makes provision for determining the place of assessment. Simply because the Trust erected the structure in question and later on paid up the amount advanced by Government for the purpose would not necessarily lead to the,legal inference that the structure was the property of the Trust.<br><br>'State of Bihar recognises and accepts as valid the leases granted to the appellant Company whether granted by the Court of Wards or the Raja under the license of 26th March 1915 (as extended by the supplementary documents of 1917 and 1937). There, the Board was considering the meaning of the words "where the Controller has reasonable grounds to believe" occurring in a Regulation of Ceylon. 195 of the report are pertinent:- " It is true that the lessee erected the building at his own cost but he did so for the lessor and on the (1) [1952] INSC 54; [1953] S.<br><br> In all other cases, according to sub-section (2), an assessee shall be assessed by the Income-tax Officer of the area in which he resides. In this connection reference may be made to the decision of this Court in Bhatia Co-operative Housing Society Ltd. We have already held that the Trust was in the position of a statutory agent of Government and had erected the structure with money belonging to Government but advanced at interest to the Trust.<br><br> Nariman to comment in the same Foreword in the context of the Afcons decision that Mediation must stand on its own; its success judged on its own record, un-assisted by Judges.
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The contention now has narrowed down to this that the notice having been headed as under s. " What exactly is meant thereby is somewhat obscure. There is nothing in these two clauses to limit, in any way, the unqualified right that she was given under cl. 299 of the Act, the conviction under s. 1,00,000 and advanced a loan of Rs. 10/3 and that in default, the provisions of the above Act will be enforced. The sanction under the Act is not intended to be nor is an automatic formality and it is essential that the provisions in regard to sanction should be observed with complete strictness; Basque Agarwala v.<br><br> " We are unable to accept the argument that the proviso to s. 2002 passed an injunction against the respondent/complainant. He produced a pistol Ex. It is no -more in controversy, as found by the courts below, that the offending part of the structure comes under s. In his note dated 13-8-1915 Mr. "Take notice that you are hereby required by the Municipal Commissioners of Howrah, within 779 thirty days from the date of service of this notice to remove the encroachment caused by a compound wall measuring 57'-0" x 3'-0" upon Swarnamoyee Road attached to premises No.<br><br> 9 lakhs without interest, and that it was therefore just that the period of license should be extended so as to enable them to carry out their venture. 13 and its proviso contain no words of limitation or qualification upon the power of the Appellate Assistant Commissioner in enhancing the assessment or setting aside the assessment and directing a fresh assessment to be made by the Income-tax Officer.<br><br> As observed by Chagla C. In our opinion, this argument has only to be stated to be rejected. 2006 directing for further investigation. Hence, the label given to the notice makes all the difference between a requisition 'lawfully made' and a requisition not so made. (c), (d) and (e) together. Lister, the Deputy Commissioner, considered that this stand was "justifiable", and on 21-6-1916 he forwarded the proposal to the Commissioner observing that "extension. , Shri Badan Singh was before the Chief Judicial Magistrate and also no other ground has been taken in the Revision, hence there is no ground to interfere in the disputed order.<br><br>Since at the time of passing the aforesaid order the further investigation conducted by the S. " This notice is headed as under s. Order passed by the Hon'ble High Court, Allahabad dated 18. In sending this application on to the Board of Revenue on 26-6-1916, the Commissioner endorsed this opinion, 347 and also added that the extension would be in the interests of the public and of the State. District Court, Lucknow Court by its order dated 15.<br><br> Narrondas Manordass Bombay v. 2006 (18-B/51) was made available by which during the investigation the arrest of the revisionists were stayed by the Hon'ble High Court, Allahabad therefore the accused/revisionists are not adversely affected by the disputed order dated 06. Commissioner of Income-tax (1), the language is wide enough to enable the Appellate Assistant Commissioner to " correct the Income-tax Officer not only with regard to a matter which has been raised by the assessee but also with regard to a matter which has been considered by the income-tax Officer and determined in the course of the assessment.<br><br>13 imposes a limitation on the powers of the Appellate Assistant Commissioner under s. Clauses (d) and (e) give her a liberty or option to pursue 85 the remedies specified therein. We are, therefore, of the opinion that the contention raised to the effect that the personal remedy is not available in this case before exhausting the charged properties, is not sustainable. Dealing with the powers of the Appellate Assistant Commissioner Chagla C. 300 which refers to a wall, etc.<br><br>III from his house in circumstances which clearly showed that he only could have known of its existence there. The object of the provision for sanctions is that the authority giving the sanction should be able to consider for itself tile evidence before it comes to a conclusion that the prosecution in the circumstances be sanctioned  Advocates ([http://lawyerchandigarh.com/ browse around this website]) or forbidden. Our attention is drawn to the statement in cl. But we are unable to see how that clause affects the intention which, in our view, Advocates ([https://lexlords.com/objections-jurisdiction-nri-property-case/ browse around this website]) has to be gathered by reading cls.<br><br>This order was also made available in form of 18-B/37 and 39. According to this argument, the requisition would have been 'lawfully made', if the notice had been headed as under s. , not being a portion of a building or fixture, as contemplated in s.  Advocates - [http://lexlords.in/rent-arrears-recovery/ read what he said], On these facts, it is argued that the Court of Wards had throughout been considering the proposal from the point of view of Messrs Bird and Co. in view of their previous services to the estate, that was not a ground on which the Court of Wards standing in the position of trustee to the ward could legally bind his estate, as it  Advocates ([http://lexlords.in/property-and-insolvency/ browse around this website]) did by the deed dated 23-11-1917.<br><br>(j) which says that " each of the terms stated is a consideration for the other terms. The appellant was arrested fourteen miles away from his village which is the place of occurrence. of the period could 'not equitably be refused". in Narrondas's case (1) said: Lastly, it seems to us clear that the answer to the question is provided by the language of s. No doubt, the two sections must be read harmoniously; but s.<br><br>300 is illegal, because, it is further argued, the requisition had not been 'lawfully made'. , and also from the point of view of the State, but that the interests of the minor ward did not as such figure directly and prominently in judging of the propriety of the transaction, and that however equitable it might be to show concessions to Messrs Bird and Co.

Latest revision as of 15:19, 29 October 2018

The contention now has narrowed down to this that the notice having been headed as under s. " What exactly is meant thereby is somewhat obscure. There is nothing in these two clauses to limit, in any way, the unqualified right that she was given under cl. 299 of the Act, the conviction under s. 1,00,000 and advanced a loan of Rs. 10/3 and that in default, the provisions of the above Act will be enforced. The sanction under the Act is not intended to be nor is an automatic formality and it is essential that the provisions in regard to sanction should be observed with complete strictness; Basque Agarwala v.

" We are unable to accept the argument that the proviso to s. 2002 passed an injunction against the respondent/complainant. He produced a pistol Ex. It is no -more in controversy, as found by the courts below, that the offending part of the structure comes under s. In his note dated 13-8-1915 Mr. "Take notice that you are hereby required by the Municipal Commissioners of Howrah, within 779 thirty days from the date of service of this notice to remove the encroachment caused by a compound wall measuring 57'-0" x 3'-0" upon Swarnamoyee Road attached to premises No.

9 lakhs without interest, and that it was therefore just that the period of license should be extended so as to enable them to carry out their venture. 13 and its proviso contain no words of limitation or qualification upon the power of the Appellate Assistant Commissioner in enhancing the assessment or setting aside the assessment and directing a fresh assessment to be made by the Income-tax Officer.

As observed by Chagla C. In our opinion, this argument has only to be stated to be rejected. 2006 directing for further investigation. Hence, the label given to the notice makes all the difference between a requisition 'lawfully made' and a requisition not so made. (c), (d) and (e) together. Lister, the Deputy Commissioner, considered that this stand was "justifiable", and on 21-6-1916 he forwarded the proposal to the Commissioner observing that "extension. , Shri Badan Singh was before the Chief Judicial Magistrate and also no other ground has been taken in the Revision, hence there is no ground to interfere in the disputed order.

Since at the time of passing the aforesaid order the further investigation conducted by the S. " This notice is headed as under s. Order passed by the Hon'ble High Court, Allahabad dated 18. In sending this application on to the Board of Revenue on 26-6-1916, the Commissioner endorsed this opinion, 347 and also added that the extension would be in the interests of the public and of the State. District Court, Lucknow Court by its order dated 15.

Narrondas Manordass Bombay v. 2006 (18-B/51) was made available by which during the investigation the arrest of the revisionists were stayed by the Hon'ble High Court, Allahabad therefore the accused/revisionists are not adversely affected by the disputed order dated 06. Commissioner of Income-tax (1), the language is wide enough to enable the Appellate Assistant Commissioner to " correct the Income-tax Officer not only with regard to a matter which has been raised by the assessee but also with regard to a matter which has been considered by the income-tax Officer and determined in the course of the assessment.

13 imposes a limitation on the powers of the Appellate Assistant Commissioner under s. Clauses (d) and (e) give her a liberty or option to pursue 85 the remedies specified therein. We are, therefore, of the opinion that the contention raised to the effect that the personal remedy is not available in this case before exhausting the charged properties, is not sustainable. Dealing with the powers of the Appellate Assistant Commissioner Chagla C. 300 which refers to a wall, etc.

III from his house in circumstances which clearly showed that he only could have known of its existence there. The object of the provision for sanctions is that the authority giving the sanction should be able to consider for itself tile evidence before it comes to a conclusion that the prosecution in the circumstances be sanctioned Advocates (browse around this website) or forbidden. Our attention is drawn to the statement in cl. But we are unable to see how that clause affects the intention which, in our view, Advocates (browse around this website) has to be gathered by reading cls.

This order was also made available in form of 18-B/37 and 39. According to this argument, the requisition would have been 'lawfully made', if the notice had been headed as under s. , not being a portion of a building or fixture, as contemplated in s. Advocates - read what he said, On these facts, it is argued that the Court of Wards had throughout been considering the proposal from the point of view of Messrs Bird and Co. in view of their previous services to the estate, that was not a ground on which the Court of Wards standing in the position of trustee to the ward could legally bind his estate, as it Advocates (browse around this website) did by the deed dated 23-11-1917.

(j) which says that " each of the terms stated is a consideration for the other terms. The appellant was arrested fourteen miles away from his village which is the place of occurrence. of the period could 'not equitably be refused". in Narrondas's case (1) said: Lastly, it seems to us clear that the answer to the question is provided by the language of s. No doubt, the two sections must be read harmoniously; but s.

300 is illegal, because, it is further argued, the requisition had not been 'lawfully made'. , and also from the point of view of the State, but that the interests of the minor ward did not as such figure directly and prominently in judging of the propriety of the transaction, and that however equitable it might be to show concessions to Messrs Bird and Co.

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